LRB-2706/2
GMM:jlg:ch
1997 - 1998 LEGISLATURE
July 15, 1997 - Introduced by Representatives Goetsch, Ladwig, Dobyns,
Ziegelbauer, Olsen, Musser, Turner, Hahn, Freese, La Fave, Powers, Green,
Walker, Owens, Vrakas, Gunderson, Otte, Ainsworth, Sykora, Hasenohrl,
Staskunas, Springer and Seratti, cosponsored by Senators Drzewiecki, C.
Potter, Huelsman, Welch, Darling, Roessler, Schultz, Weeden and
Rosenzweig. Referred to Committee on Criminal Justice and Corrections.
AB455,1,11
1An Act to renumber 938.245 (2) (a) 5. b., 938.245 (2g), 938.32 (1t) (a) 2. and
2938.32 (1t) (b);
to renumber and amend 938.245 (2) (a) 3., 938.245 (2) (a) 4.,
3938.245 (2) (a) 5. a. and c., 938.245 (2) (a) 7., 938.245 (2) (a) 8., 938.32 (1t) (a)
41. and 3. and 938.343 (4);
to amend 38.24 (1s), 103.67 (2) (j), 103.70 (1), 938.245
5(2) (a) (intro.), 938.245 (2) (c), 938.245 (5), 938.34 (5) (a) and 938.547 (4); and
to
6create 938.245 (2t) (d), 938.245 (2t) (e), 938.245 (2t) (f), 938.245 (2t) (g), 938.245
7(2t) (h), 938.32 (1t) (d), 938.32 (1t) (e), 938.32 (1t) (f), 938.32 (1t) (g), 938.32 (1t)
8(h), 938.34 (5) (d), 938.34 (5) (e), 938.34 (5) (f), 938.34 (5) (g), 938.34 (5) (h),
9938.343 (4) (b), 938.343 (4) (c), 938.343 (4) (d), 938.343 (4) (e), 938.343 (4) (f) and
10938.343 (4) (g) of the statutes;
relating to: the making of restitution by a
11juvenile.
Analysis by the Legislative Reference Bureau
Under current law, a juvenile who has committed an act that has resulted in
damage to the property of another or in actual physical injury to another excluding
pain and suffering may, under a deferred prosecution agreement, consent decree or
dispositional order, be required to repair the damage to property or to make
reasonable restitution for the damage or injury.
This bill changes the law relating to the restitution that a juvenile may be
required to make to bring that law into closer conformity with the law relating to the
restitution that an adult may be required to make. Specifically, the bill permits a
juvenile to be required to make restitution not only when the juvenile's act results
in damage to property, but also when the act results in loss or destruction of property,
and to make restitution not when the act results in actual physical injury to another,
but when the act results in bodily injury to another. The bill also permits a juvenile
to be required to make restitution when death results from the juvenile's act.
In addition, the bill specifies what restitution a juvenile may be required to
make. Specifically, the bill provides that:
1. If the juvenile's act has resulted in damage to or loss or destruction of
property, the juvenile may be required to return the property to the owner or, if return
of the property is impossible, impractical or inadequate, to pay the owner the
reasonable repair or replacement cost of the property or the greater of the following:
a. The value of the property on the date of its damage, loss or destruction.
b. The current value of the property, less the value of any part of the property
returned as of the date of its return.
2. If the juvenile's act has resulted in bodily injury, the juvenile may be required
to do any one or more of the following:
a. Pay the cost of the victim's physical, psychiatric and psychological care and
treatment.
b. Pay the cost of the victim's physical and occupational therapy and
rehabilitation.
c. Reimburse the victim for lost income.
d. If the victim is solely employed as a homemaker, pay an amount sufficient
to ensure that the victim's homemaker duties are continued until the victim is able
to resume those duties.
3. If the juvenile's act has resulted in death, the juvenile may be required to pay
the cost of the victim's funeral expenses, including the cost of a cemetery lot, grave
marker and care of the lot.
4. If the juvenile's act constitutes sexual assault, sexual assault of a child,
repeated sexual assault of a child, sexual exploitation of a child, incest with a child,
child enticement or soliciting a child for prostitution, but the act does not result in
bodily injury, the juvenile may be required to pay the cost, not to exceed $10,000, of
the victim's psychiatric and psychological care and treatment.
5. In any case, the juvenile may be required to do any one or more of the
following:
a. Pay all damages that the victim could recover from the juvenile in a civil
action.
b. Pay for the victim's lost income and reasonable out-of-pocket expenses
incurred resulting from the filing of a petition or cooperating in the investigation and
prosecution of the juvenile's act.
c. Reimburse any person or agency for amounts paid as rewards for information
leading to the apprehension or successful prosecution of the juvenile.
d. If justice so requires, reimburse any insurer who has compensated the victim
for a loss otherwise compensable as restitution.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB455, s. 1
1Section
1. 38.24 (1s) of the statutes is amended to read:
AB455,3,62
38.24
(1s) Additional fees. A district board may establish and charge a fee
3in addition to the fees under sub. (1m) for a court-approved alcohol or other drug
4abuse education program offered to individuals under s. 48.245 (2) (a) 4., 48.345 (13)
5(b), 938.245
(2) (a) 4. (2g), 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10)
6(c) or 938.344 (2g) (a).
AB455, s. 2
7Section
2. 103.67 (2) (j) of the statutes is amended to read:
AB455,3,128
103.67
(2) (j) Minors under 14 years of age may be employed as participants
9in a restitution project under s. 938.245
(2) (a) 5.
(2t), 938.32 (1t)
(a), 938.34 (5)
,
10938.343 (4) or 938.345 or a supervised work program or other community service
11work under s. 938.245 (2) (a) 6., 938.32
(1t) (b)
(1v), 938.34 (5g), 938.343 (3) or
12938.345.
AB455, s. 3
13Section
3. 103.70 (1) of the statutes is amended to read:
AB455,4,314
103.70
(1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31,
15103.78, 938.245
(2) (a) 5. b. (2t) (b), 938.32 (1t)
(a) 2. (b) and 938.34 (5) (b) and (5g)
16(c), and as may be provided under s. 103.79, a minor, unless indentured as an
17apprentice in accordance with s. 106.01, or unless 12 years and over and engaged in
18agricultural pursuits, or unless 14 years and over and enrolled in a youth
19apprenticeship program under s. 106.13, shall not be employed or permitted to work
20at any gainful occupation or employment unless there is first obtained from the
1department or a permit officer a written permit authorizing the employment of the
2minor within those periods of time stated in the permit, which shall not exceed the
3maximum hours prescribed by law.
AB455, s. 4
4Section
4. 938.245 (2) (a) (intro.) of the statutes is amended to read:
AB455,4,75
938.245
(2) (a) (intro.) A deferred prosecution agreement may provide for any
6one or more of the following
conditions and for any one or more of the conditions
7specified in subs. (2d), (2f), (2g), (2m), (2t) and (2x) that are applicable:
AB455, s. 5
8Section
5. 938.245 (2) (a) 3. of the statutes is renumbered 938.245 (2f) and
9amended to read:
AB455,4,2210
938.245
(2f) That If the multidisciplinary screen conducted under s. 938.24 (2)
11shows that the juvenile is at risk of having needs and problems related to the use of
12alcohol beverages, controlled substances or controlled substance analogs and the
13medical, personal, family or social effects of that use, the deferred prosecution
14agreement may require that the juvenile submit to an alcohol and other drug abuse
15assessment that conforms to the criteria specified under s. 938.547 (4) and that is
16conducted by an approved treatment facility for an examination of the juvenile's use
17of alcohol beverages, controlled substances or controlled substance analogs and any
18medical, personal, family or social effects caused by
its use, if the multidisciplinary
19screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs
20and problems related to the use of alcohol beverages, controlled substances or
21controlled substance analogs and its medical, personal, family or social effects that
22use.
AB455, s. 6
23Section
6. 938.245 (2) (a) 4. of the statutes is renumbered 938.245 (2g) and
24amended to read:
AB455,5,10
1938.245
(2g) That If an alcohol and other drug abuse assessment conducted
2under sub. (2f) recommends outpatient treatment, intervention or education, the
3deferred prosecution agreement may require that the juvenile participate in an
4alcohol and other drug abuse outpatient treatment program, a court-approved pupil
5assistance program provided by the juvenile's school board or a court-approved
6alcohol or other drug abuse education program
, if an alcohol and other drug abuse
7assessment conducted under subd. 3. recommends outpatient treatment,
8intervention or education. The juvenile's participation in a court-approved pupil
9assistance program under this
subdivision subsection is subject to the approval of
10the juvenile's school board.
AB455, s. 7
11Section
7. 938.245 (2) (a) 5. a. and c. of the statutes are renumbered 938.245
12(2t) (a) and (c) and amended to read:
AB455,6,213
938.245
(2t) (a)
That the juvenile participate in a restitution project if If the
14act for which the deferred prosecution agreement is being entered into has resulted
15in damage to
or loss or destruction of the property of another,
or in actual physical 16in bodily injury to another excluding pain and suffering
. Subject to subd. 5. c. or in
17death and if the intake worker, after taking into consideration the well-being and
18needs of the victim, considers it beneficial to the well-being and behavior of the
19juvenile, the deferred prosecution agreement may require the juvenile to repair the
20damage to property or
, subject to par. (c), to make reasonable restitution for the
21damage
or, injury
if the intake worker, after taking into consideration the well-being
22and needs of the victim, considers it beneficial to the well-being and behavior of the
23juvenile or death as provided in pars. (d) to (h). Any such deferred prosecution
24agreement shall include a determination that the juvenile alone is financially able
1to pay and may allow up to the date of the expiration of the deferred prosecution
2agreement for the payment.
AB455,6,53
(c) Under this
subdivision subsection, a deferred prosecution agreement may
4not require a juvenile who is under 14 years of age to make more than $250 in
5restitution.
AB455, s. 8
6Section
8. 938.245 (2) (a) 5. b. of the statutes is renumbered 938.245 (2t) (b).
AB455, s. 9
7Section
9. 938.245 (2) (a) 7. of the statutes is renumbered 938.245 (2d) and
8amended to read:
AB455,6,249
938.245
(2d) That the juvenile be placed with a volunteers in probation
10program under such conditions as the intake worker determines are reasonable and
11appropriate, if If the juvenile is alleged to have committed an act that would
12constitute a misdemeanor if committed by an adult, if the chief judge of the judicial
13administrative district has approved under s. 973.11 (2) a volunteers in probation
14program established in the juvenile's county of residence and if the intake worker
15determines that volunteer supervision under that volunteers in probation program
16will likely benefit the juvenile and the community
, the deferred prosecution
17agreement may require that the juvenile be placed with a volunteers in probation
18program under such conditions that the intake worker determines are reasonable
19and appropriate. The conditions that the intake worker may establish under this
20subdivision subsection may include, but need not be limited to, a request to a
21volunteer to provide for the juvenile a role model, informal counseling, general
22monitoring and monitoring of the conditions established by the intake worker, or any
23combination of these functions, and any other deferred prosecution condition that
24the intake worker may establish under this
paragraph
section.
AB455, s. 10
1Section
10. 938.245 (2) (a) 8. of the statutes is renumbered 938.245 (2m), and
2938.245 (2m) (intro.), as renumbered, is amended to read:
AB455,7,53
938.245
(2m) (intro.)
That The deferred prosecution agreement may require
4that the juvenile be placed in a teen court program if all of the following conditions
5apply:
AB455, s. 11
6Section
11. 938.245 (2) (c) of the statutes is amended to read:
AB455,7,127
938.245
(2) (c) If the deferred prosecution agreement provides for alcohol and
8other drug abuse outpatient treatment under
par. (a) 4. sub. (2g), the juvenile and
9the juvenile's parent, guardian or legal custodian shall execute an informed consent
10form that indicates that they are voluntarily and knowingly entering into a deferred
11prosecution agreement for the provision of alcohol and other drug abuse outpatient
12treatment.
AB455, s. 12
13Section
12. 938.245 (2g) of the statutes is renumbered 938.245 (2x).
AB455, s. 13
14Section
13. 938.245 (2t) (d) of the statutes is created to read:
AB455,7,2015
938.245
(2t) (d) If the act for which the deferred prosecution agreement is
16entered into has resulted in damage to or loss or destruction of property, the deferred
17prosecution agreement may require the juvenile to return the property to the owner
18or the owner's designee or, if return of the property is impossible, impractical or
19inadequate, pay the owner or the owner's designee the reasonable repair or
20replacement cost of the property or the greater of the following:
AB455,7,2121
1. The value of the property on the date of its damage, loss or destruction.
AB455,7,2422
2. The value of the property on the date of the deferred prosecution agreement,
23less the value of any part of the property returned as of the date of its return. The
24value of any retail merchandise shall be its retail value.
AB455, s. 14
25Section
14. 938.245 (2t) (e) of the statutes is created to read:
AB455,8,3
1938.245
(2t) (e) If the act for which the deferred prosecution agreement is
2entered into has resulted in bodily injury, the deferred prosecution agreement may
3require that the juvenile do any one or more of the following:
AB455,8,64
1. Pay an amount equal to the cost of necessary medical and related
5professional services and devices relating to physical, psychiatric and psychological
6care and treatment.
AB455,8,87
2. Pay an amount equal to the cost of necessary physical and occupational
8therapy and rehabilitation.
AB455,8,109
3. Reimburse the injured person for income lost as a result of the act for which
10the deferred prosecution agreement is entered into.
AB455,8,1311
4. If the injured person's sole employment at the time of the injury was
12performing the duties of a homemaker, pay an amount sufficient to ensure that the
13duties are continued until the person is able to resume performance of the duties.
AB455, s. 15
14Section
15. 938.245 (2t) (f) of the statutes is created to read:
AB455,8,1815
938.245
(2t) (f) If the act for which the deferred prosecution agreement is
16entered into has resulted in death, the deferred prosecution agreement may require
17that the juvenile pay an amount equal to the cost of necessary funeral and related
18services under s. 895.04 (5).
AB455, s. 16
19Section
16. 938.245 (2t) (g) of the statutes is created to read:
AB455,9,220
973.20
(2t) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05,
21948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the deferred prosecution
22agreement may require that the juvenile pay an amount, not to exceed $10,000, equal
23to the cost of necessary professional services relating to psychiatric and psychological
24care and treatment. The $10,000 limit under this paragraph does not apply to the
1amount of any restitution agreed to under par. (e) or (h) for the cost of necessary
2professional services relating to psychiatric and psychological care and treatment.
AB455, s. 17
3Section
17. 938.245 (2t) (h) of the statutes is created to read:
AB455,9,54
938.245
(2t) (h) In any case, the deferred prosecution agreement may require
5that the juvenile do any one or more of the following: