AB378,199,119
938.34
(7d) (a) 1. A nonresidential educational program, including a program
10for
juveniles children at risk under s. 118.153, provided by the school district in which
11the juvenile resides.
Note: Inserts correct term.
AB378,200,914
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
15this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
16maximum forfeiture that the court may impose under this subsection for a violation
17by a juvenile is the maximum amount of the fine that may be imposed on an adult
18for committing that violation or, if the violation is applicable only to a person under
1918 years of age, $100. Any such order shall include a finding that the juvenile alone
20is financially able to pay the forfeiture and shall allow up to 12 months for payment.
21If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
22other alternatives under this section, in accordance with the conditions specified in
23this
subchapter chapter; or the court may suspend any license issued under ch. 29
1for not less than 30 days nor more than 5 years, or suspend the juvenile's operating
2privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 years.
3If the court suspends any license under this subsection, the clerk of the court shall
4immediately take possession of the suspended license and forward it to the
5department which issued the license, together with a notice of suspension clearly
6stating that the suspension is for failure to pay a forfeiture imposed by the court. If
7the forfeiture is paid during the period of suspension, the suspension shall be reduced
8to the time period which has already elapsed and the court shall immediately notify
9the 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.
AB378,201,512
938.34
(16) Stay of order. After ordering a disposition under this section,
13enter an additional order staying the execution of the dispositional order contingent
14on the juvenile's satisfactory compliance with any conditions that are specified in the
15dispositional order and explained to the juvenile by the court. If the juvenile violates
16a condition of his or her dispositional order, the agency supervising the juvenile shall
17notify the court and the court shall hold a hearing within 30 days after the filing of
18the notice to determine whether the original
disposition dispositional order should
19be imposed, unless the juvenile signs a written waiver of any objections to imposing
20the original dispositional order and the court approves the waiver. If a hearing is
21held, the court shall notify the parent, juvenile, guardian and legal custodian, all
22parties bound by the original dispositional order and the district attorney or
23corporation counsel in the county in which the dispositional order was entered
at of
1the time and place of the hearing at least 3 days before the hearing. If all parties
2consent, the court may proceed immediately with the hearing. The court may not
3impose the original dispositional order unless the court finds by a preponderance of
4the evidence that the juvenile has violated a condition of his or her dispositional
5order.
Note: Inserts correct words.
AB378,201,158
938.35
(1) (intro.) The court shall enter a judgment setting forth the court's
9findings and disposition in the proceeding. A judgment in a proceeding on a petition
10under this
subchapter chapter is not a conviction of a crime, does not impose any civil
11disabilities ordinarily resulting from the conviction of a crime and does not operate
12to disqualify the juvenile in any civil service application or appointment. The
13disposition of a juvenile, and any record of evidence given in a hearing in court, is not
14admissible as evidence against the juvenile in any case or proceeding in any other
15court 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.
AB378,201,2218
938.355
(2) (b) 4. If the juvenile is placed outside the juvenile's home, a
19designation of the amount of support, if any, to be paid by the juvenile's parent,
20guardian or trustee, specifying that the support obligation begins on the date of the
21placement, or a referral to the county designee under s.
59.07 (97) 59.53 (5) for
22establishment of child support.
AB378,202,103
938.355
(6) (d) 1. Placement of the juvenile in a secure detention facility or
4juvenile portion of a county jail that meets the standards promulgated by the
5department
of corrections by rule or in a place of nonsecure custody, for not more than
610 days and the provision of educational services consistent with his or her current
7course of study during the period of placement. The juvenile shall be given credit
8against the period of detention or nonsecure custody imposed under this subdivision
9for all time spent in secure detention in connection with the course of conduct for
10which the detention or nonsecure custody was imposed.
Note: "Department" is defined as the department of corrections in ch. 938.
AB378,203,1613
938.357
(1) The person or agency primarily responsible for implementing the
14dispositional order or the district attorney may request a change in the placement
15of the juvenile, whether or not the change requested is authorized in the dispositional
16order and shall cause written notice to be sent to the juvenile or the juvenile's counsel
17or guardian ad litem, parent, foster parent, treatment foster parent or other physical
18custodian described in s. 48.62 (2), guardian and legal custodian. The notice shall
19contain the name and address of the new placement, the reasons for the change in
20placement, a statement describing why the new placement is preferable to the
21present placement and a statement of how the new placement satisfies objectives of
22the treatment plan ordered by the court. Any person receiving the notice under this
23subsection or notice of the specific foster or treatment foster placement under s.
1938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the
2court within 10 days after receipt of the notice. Placements shall not be changed until
310 days after such notice is sent to the court unless the parent, guardian or legal
4custodian and the juvenile, if 12 or more years of age, sign written waivers of
5objection, except that placement changes which were authorized in the dispositional
6order may be made immediately if notice is given as required in this subsection. In
7addition, a hearing is not required for placement changes authorized in the
8dispositional order except where an objection filed by a person who received notice
9alleges that new information is available which affects the advisability of the court's
10dispositional order. If a hearing is held under this subsection and the change in
11placement would remove a juvenile from a foster home
or treatment foster home,
12treatment foster home or other placement with a physical custodian described in s.
1348.62 (2), the court shall permit the foster parent
or treatment foster parent,
14treatment foster parent or other physical custodian described in s. 48.62 (2) to make
15a written or oral statement during the hearing or to submit a written statement prior
16to the hearing relating to the juvenile and the requested change in placement.
AB378,204,519
938.357
(5m) If a proposed change in placement changes a juvenile's placement
20from a placement in the juvenile's home to a placement outside the juvenile's home,
21the court shall order the juvenile's parent to provide a statement of income, assets,
22debts and living expenses to the court or the person or agency primarily responsible
23for implementing the dispositional order by a date specified by the court. The clerk
24of court shall provide, without charge, to any parent ordered to provide a statement
1of income, assets, debts and living expenses a document setting forth the percentage
2standard established by the department of
health and family services workforce
3development under s.
46.25 49.22 (9) and listing the factors that a court may consider
4under s. 46.10 (14) (c). If the juvenile is placed outside the juvenile's home, the court
5shall 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.
AB378,204,178
938.36
(1) (b) In determining the amount of support under par. (a), the court
9may consider all relevant financial information or other information relevant to the
10parent's earning capacity, including information reported to the department of
11health and family services workforce development, or the county child and spousal
12support agency, under s.
46.25 49.22 (2m). If the court has insufficient information
13with which to determine the amount of support, the court shall order the juvenile's
14parent to furnish a statement of income, assets, debts and living expenses, if the
15parent has not already done so, to the court within 10 days after the court's order
16transferring custody or designating an alternative placement is entered or at such
17other 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.
AB378,206,420
938.363
(1) A juvenile, the juvenile's parent, guardian or legal custodian, any
21person or agency bound by a dispositional order or the district attorney or
1corporation counsel in the county in which the dispositional order was entered may
2request a revision in the order that does not involve a change in placement, including
3a revision with respect to the amount of child support to be paid by a parent, or the
4court may on its own motion propose such a revision. The request or court proposal
5shall set forth in detail the nature of the proposed revision and what new information
6is available that affects the advisability of the court's disposition. The request or
7court proposal shall be submitted to the court. The court shall hold a hearing on the
8matter if the request or court proposal indicates that new information is available
9which affects the advisability of the court's dispositional order and prior to any
10revision of the dispositional order, unless written waivers of objections to the revision
11are signed by all parties entitled to receive notice and the court approves. If a hearing
12is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal
13custodian, all parties bound by the dispositional order, the juvenile's foster parent,
14treatment foster parent or other physical custodian described in s. 48.62 (2), and the
15district attorney or corporation counsel in the county in which the dispositional order
16was entered at least 3 days prior to the hearing. A copy of the request or proposal
17shall be attached to the notice. If the proposed revision is for a change in the amount
18of child support to be paid by a parent, the court shall order the juvenile's parent to
19provide a statement of income, assets, debts and living expenses to the court and the
20person or agency primarily responsible for implementing the dispositional order by
21a date specified by the court. The clerk of court shall provide, without charge, to any
22parent ordered to provide a statement of income, assets, debts and living expenses
23a document setting forth the percentage standard established by the department of
24health and family services workforce development under s.
46.25 49.22 (9) and
25listing the factors that a court may consider under s. 46.10 (14) (c). If all parties
1consent, the court may proceed immediately with the hearing. No revision may
2extend the effective period of the original order, or revise an original order under s.
3938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody
4or 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.
AB378,206,127
938.363
(1m) If a hearing is held under sub. (1), any party may present
8evidence relevant to the issue of revision of the dispositional order. In addition, the
9court shall permit a foster parent, treatment foster parent or other physical
10custodian described in s. 48.62 (2) of the
child
juvenile to make a written or oral
11statement during the hearing, or to submit a written statement prior to the hearing,
12relevant to the issue of revision.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378,206,2215
938.365
(1m) The parent, juvenile, guardian, legal custodian, any person or
16agency bound by the dispositional order, the district attorney or corporation counsel
17in the county in which the dispositional order was entered or the court on its own
18motion, may request an extension of an order under s. 938.355. The request shall
19be submitted to the court which entered the order. No order under s. 938.355 that
20placed a
child juvenile in detention, nonsecure custody or inpatient treatment under
21s. 938.34 (3) (f) or (6) (am) may be extended. No other order under s. 938.355 may
22be extended except as provided in this section.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
Note: There is no conflict of substance.
AB378,207,75
938.38
(4) (bm) The availability of a placement with a relative of the
child 6juvenile and, if a decision is made not to place the
child juvenile with an available
7relative, why placement with the relative is not appropriate.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378,207,1010
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.
AB378,207,2113
938.396
(1t) If a juvenile
who has been ordered to make restitution for any
14injury, loss or damage caused by the juvenile and if the juvenile has failed to make
15that restitution within one year after the entry of the order, the victim's insurer may
16request a law enforcement agency to disclose to the insurer any information in its
17records relating to the injury, loss or damage suffered by the victim, including the
18name and address of the juvenile and the juvenile's parents, and the law enforcement
19agency may, subject to official agency policy, disclose to the victim's insurer that
20information. The insurer may use and further disclose the information only for the
21purpose of investigating a claim arising out of the juvenile's act.
Note: Deletes unnecessary word.
AB378,208,103
938.396
(4) When a court revokes, suspends or restricts a juvenile's operating
4privilege under this chapter, the department of transportation shall not disclose
5information concerning or relating to the revocation, suspension or restriction to any
6person other than a court, district attorney, county corporation counsel, city, village
7or town attorney, law enforcement agency, or the
minor
juvenile whose operating
8privilege is revoked, suspended or restricted, or his or her parent or guardian.
9Persons entitled to receive this information may not disclose the information to other
10persons or agencies.
Note: Replaces word for internal consistency and for consistency with the
terminology used in ch. 938.
AB378,208,1713
938.45
(3) If it appears at a court hearing that any person 17
years of age or
14older has violated s. 948.40, the court shall refer the record to the district attorney
15for criminal proceedings as may be warranted in the district attorney's judgment.
16This subsection does not prevent prosecution of violations of s. 948.40 without the
17prior 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.
AB378,209,2020
938.533
(2) Corrective sanctions program. From the appropriation under s.
2120.410 (3) (hr), the department shall provide a corrective sanctions program to serve
22an average daily population of 105 juveniles, or an average daily population of more
23that than 105 juveniles if the appropriation under s. 20.410 (3) (hr) is supplemented
1under s. 13.101 or 16.515 and the positions for the program are increased under s.
213.101 or 16.505 (2), in not less than 3 counties, including Milwaukee County. The
3juvenile offender review program in the department shall evaluate and select for
4participation in the program juveniles who have been placed under the supervision
5of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The
6department shall place a program participant in the community, provide intensive
7surveillance of that participant and provide an average of $5,000 per year per slot
8to purchase community-based treatment services for each participant. The
9department shall make the intensive surveillance required under this subsection
10available 24 hours a day, 7 days a week, and may purchase or provide electronic
11monitoring for the intensive surveillance of program participants. The department
12shall provide a report center in Milwaukee County to provide on-site programming
13after school and in the evening for juveniles from Milwaukee County who are placed
14in the corrective sanctions program. A contact worker providing services under the
15program shall have a case load of approximately 10 juveniles and, during the initial
16phase of placement in the community under the program of a juvenile who is
17assigned to that contact worker, shall have not less than one face-to-face contact per
18day with that juvenile. Case management services under the program shall be
19provided by a corrective sanctions agent who shall have a case load of approximately
2015 juveniles. The department shall promulgate rules to implement the program.
Note: Inserts correct word.
AB378,210,923
938.533
(3) (b) The department shall operate the corrective sanctions program
24as a Type 2 secured correctional facility. The secretary may allocate and reallocate
1existing and future facilities as part of the Type 2 secured correctional facility. The
2Type 2 secured correctional facility is subject to s.
46.03 (1) 301.02. Construction or
3establishment of a Type 2 secured correctional facility shall be in compliance with
4all state laws except s. 32.035 and ch. 91. In addition to the exemptions under s. 13.48
5(13), construction or establishment of a Type 2 secured correctional facility is not
6subject to the ordinances or regulations relating to zoning, including zoning under
7ch. 91, of the county and city, village or town in which the construction or
8establishment takes place and is exempt from the investigations permitted under s.
946.22 (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.
AB378,210,2112
938.538
(6m) (b) In the selection of classified service employes for a secured
13correctional facility authorized under
1993 Wisconsin Act 377, section
9108 (1) (a),
14the appointing authority shall make every effort to use the expanded certification
15program under s. 230.25 (1n) or rules of the administrator of the division of merit
16recruitment and selection in the department of employment relations to ensure that
17the percentage of employes who are minority group members approximates the
18percentage of the
children juveniles placed at that secured correctional facility who
19are minority group members. The administrator of the division of merit recruitment
20and selection in the department of employment relations shall provide guidelines for
21the administration of this selection procedure.
Note: Replaces "children" with "juveniles" for consistency of references within ch.
938.
AB378,211,133
938.57
(4) A county department may provide aftercare supervision under s.
448.34 938.34 (4n) for juveniles who are released from secured correctional facilities
5or secured child caring institutions operated by the department. If a county
6department intends to change its policy regarding whether the county department
7or the department shall provide aftercare supervision for juveniles released from
8secured correctional facilities or secured child caring institutions operated by the
9department, the county executive or county administrator, or, if the county has no
10county executive or county administrator, the chairperson of the county board of
11supervisors, or, for multicounty departments, the chairpersons of the county boards
12of supervisors jointly, shall submit a letter to the department stating that intent
13before 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).
AB378,211,2316
938.993
(2) The compact administrator shall determine for this state whether
17to receive juvenile probationers and parolees of other states under s. 938.991 (7) and
18shall arrange for the supervision of each such probationer or parolee received, either
19by the department or by a person appointed to perform supervision service for the
20court assigned to exercise jurisdiction under this chapter
and ch. 48 for the county
21where the juvenile is to reside, whichever is more convenient. Those persons shall
22in all such cases make periodic reports to the compact administrator regarding the
23conduct and progress of the juveniles.
Note: Inserts missing word.
AB378, s. 575
1Section
575. 939.51 (3) (a) of the statutes is amended to read:
AB378,212,32
939.51
(3) (a) For a Class A misdemeanor, a fine
of not to exceed $10,000 or
3imprisonment not to exceed 9 months, or both.
Note: Deletes word for consistency with the remainder of the section.
AB378,212,96
940.20
(1m) (a) Any person who is subject to an injunction under s. 813.12 or
7a tribal injunction filed under s.
813.12 (9) (a)
806.247 (3) and who intentionally
8causes bodily harm to the petitioner who sought the injunction by an act done
9without the consent of the petitioner is guilty of a Class E felony.
NOTE: Section 813.12 (9) (a) does not exist.
1995 Wis. Act 343 created this
provision without taking into account the repeal and recreation of s. 813.12 (9) by
1995
Wis. Act 306. The filing of tribal injunctions is now under s. 806.247 (3) as created by Act
306.
AB378,212,1412
943.017
(4) If more than one item of property is marked, drawn or written upon
13or etched into under a single intent and design, the markings, drawings or writings
14on or etchings into all
of the property may be prosecuted as a single
forfeiture crime.
Note: 1995 Wis. Act 24 mistakenly included the word "forfeiture". There is no
provision for forfeitures under s. 943.017. Also adds "of" to correct grammar.
Note: There is no conflict of substance.
AB378,213,3
1946.42
(1) (c) "Legal arrest" includes without limitation an arrest pursuant to
2process fair on its face notwithstanding insubstantial irregularities and also
3includes taking a
child juvenile into custody under s. 938.19.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
Note: There is no conflict of substance.
AB378,213,159
948.22
(4) (b) For a person not subject to a court order requiring child,
10grandchild or spousal support payments, when the person knows or reasonably
11should have known that he or she has a dependent, failure to provide support equal
12to at least the amount established by rule by the department of
health and family
13services workforce development under s.
46.25 49.22 (9) (a) or causing a spouse,
14grandchild or child to become a dependent person, or continue to be a dependent
15person, as defined in s. 49.01 (2).
Note: Inserts correct cross-reference and department name. 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.
Note: There is no conflict of substance.