AB686: Bill Text

AB686, s. 33 Section 33. 118.165 (1) (e) of the statutes is amended to read:

AB686,11,25 118.165 (1) (e) The program is not operated or instituted for the purpose of avoiding or circumventing the compulsory school attendance requirement under s. 118.15 (1) (a) or (am).

AB686, s. 34 Section 34. 895.035 (2m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB686,12,16 895.035 (2m) (b) If a child fails to pay a forfeiture or, surcharge or costs as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a forfeiture as ordered by a municipal court or if it appears likely that the child will not pay the forfeiture or, surcharge or costs as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture or, surcharge or costs unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture or, surcharge is or costs are payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB686, s. 35 Section 35. 938.125 (2) of the statutes is amended to read:

AB686,12,22 938.125 (2) That the court has exclusive jurisdiction over any juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed due to the child's absence from school as provided in s. 118.16 (5m).

AB686, s. 36 Section 36. 938.13 (6) of the statutes is amended to read:

AB686,13,2 938.13 (6) Who is habitually truant from school, if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed due to the child's absence from school as provided in s. 118.16 (5m), except as provided under s. 938.17 (2).

AB686, s. 37 Section 37. 938.17 (2) (a) 1. of the statutes is amended to read:

AB686,13,14 938.17 (2) (a) 1. Except as provided in sub. (1), municipal courts have concurrent jurisdiction with the court assigned to exercise jurisdiction under this chapter and ch. 48 in proceedings against juveniles aged 12 or older for violations of county, town or other municipal ordinances. If evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed due to the juvenile's absence from school as provided in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted under s. 118.163 (2) regardless of the juvenile's age and regardless of whether the court assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction under s. 938.13 (6).

AB686, s. 38 Section 38. 938.17 (2) (cm) of the statutes is amended to read:

AB686,13,21 938.17 (2) (cm) A city, village or town may adopt an ordinance or bylaw specifying which of the dispositions under ss. 938.343 and 938.344 and sanctions under s. 938.355 (6) (d) and (6m) (a) the municipal court of that city, village or town is authorized to impose or petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose. The use by the court of those dispositions and sanctions is subject to any ordinance or bylaw adopted under this paragraph.

AB686, s. 39 Section 39. 938.17 (2) (g) of the statutes is amended to read:

AB686,13,25 938.17 (2) (g) If a municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1) that is consistent with the municipal ordinance.

AB686, s. 40 Section 40. 938.17 (2) (h) 1. of the statutes is amended to read:

AB686,14,15 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (2), violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6) (d) 2. to 4. that are authorized under par. (cm) except for monitoring by an electronic monitoring system or may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if authorized under par. (cm), if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

AB686, s. 41 Section 41. 938.17 (2) (i) of the statutes is created to read:

AB686,15,3 938.17 (2) (i) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (a) that are authorized under par. (cm) except for the sanction specified in s. 938.355 (6m) (a) 1. or may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6m) (a) 1., if authorized under par. (cm), if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6m) (a) that are authorized under par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

AB686,15,10 2. A motion requesting the municipal court to impose or petition for a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the administrator of the school district in which the juvenile is enrolled or resides, the municipal attorney or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile and the juvenile's parent, guardian or legal custodian.

AB686,15,12 3. Before imposing any sanction, the court shall hold a hearing, at which the juvenile may present evidence.

AB686,15,17 4. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in s. 938.355 (6m) (a) 1., on a petition described in subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under s. 938.355 (6m) (a) 1.

AB686, s. 42 Section 42. 938.23 (1) (am) of the statutes is amended to read:

AB686,15,22 938.23 (1) (am) A juvenile subject to a sanction under s. 938.355 (6) (a) shall be entitled to representation by counsel at the hearing under s. 938.355 (6) (c). A juvenile subject to a sanction under s. 938.355 (6m) (a) shall be entitled to representation by counsel at the hearing under s. 938.355 (6m) (c).

AB686, s. 43 Section 43. 938.342 (1) (a) and (b) of the statutes are amended to read:

AB686,16,3 938.342 (1) (a) Suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 90 days one year. The court shall immediately take possession of the suspended license and forward it to the department of transportation together with a notice stating the reason for and duration of the suspension.

AB686,16,12 (b) Order the person to participate in counseling or a supervised work program or other community service work under as described in s. 938.34 (5g). The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person.

AB686, s. 44 Section 44. 938.342 (1) (g) to (j) of the statutes are created to read:

AB686,16,14 938.342 (1) (g) Order the person to attend school.

AB686,16,17 (h) Impose a forfeiture of not more than $500 plus costs, subject to s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.

AB686,16,21 (i) Order the person to comply with any other reasonable conditions that are consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other juveniles or adults.

AB686,16,23 (j) Place the person under formal or informal supervision, as described in s. 938.34 (2), for up to one year.

AB686, s. 45 Section 45. 938.342 (1m) (am) of the statutes is created to read:

AB686,17,5 938.342 (1m) (am) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (2), the court may, as part of the dispositions under sub. (1), order the person's parent or guardian to pay all or part of the costs of any program ordered under sub. (1) (b) or to pay all or part of a forfeiture plus costs assessed under sub. (1) (h).

AB686, s. 46 Section 46. 938.342 (1m) (b) of the statutes is amended to read:

AB686,17,16 938.342 (1m) (b) No order to any parent, guardian or legal custodian under par. (a) or (am) may be entered until the parent, guardian or legal custodian is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place and purpose of the hearing to be served on the parent, guardian or legal custodian personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the court. At the hearing, the parent, guardian or legal custodian may be represented by counsel and may produce and cross-examine witnesses. Any parent, guardian or legal custodian who fails to comply with any order issued by a court under par. (a) or (am) may be proceeded against for contempt of court.

AB686, s. 47 Section 47. 938.342 (2) (a) of the statutes is amended to read:

AB686,17,21 938.342 (2) (a) Except as provided in par. (b), if the court finds that a person is subject to a municipal ordinance enacted under s. 118.163 (2m) (a), the court shall enter an order suspending the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of 18.

AB686, s. 48 Section 48. 938.342 (2) (b) of the statutes is amended to read:

AB686,18,2 938.342 (2) (b) The court may enter an order making any of the dispositions specified under sub. (1) if the court finds that suspension of the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of 18 would cause an undue hardship to the person or the juvenile's person's family.

AB686, s. 49 Section 49. 938.345 (2) of the statutes is amended to read:

AB686,18,10 938.345 (2) If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b), or based on habitual truancy, and the court also finds that the reason the juvenile has dropped out of school or is a habitual truant is a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with s. 118.15 (1) (a) or (am), the court, instead of or in addition to any other disposition imposed under sub. (1), may enter an order permitted under s. 938.342.

AB686, s. 50 Section 50. 938.355 (6) (a) of the statutes is amended to read:

AB686,19,8 938.355 (6) (a) If a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. Subject to sub. (6m), if If a juvenile who has been found to be in need of protection or services under s. 938.13 (4), (6m), (7), (12) or (14) violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d), other than placement in a secure detention facility or juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may not order the sanction of placement in a place of nonsecure custody specified in par. (d) 1. unless the court finds that the agency primarily responsible for providing services for the juvenile has made reasonable efforts to prevent the removal of the juvenile from his or her home and that continued placement of the juvenile in his or her home is contrary to the welfare of the juvenile.

AB686, s. 51 Section 51. 938.355 (6) (an) 1. of the statutes is amended to read:

AB686,19,21 938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (2), violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (d) 1. or the sanction specified in par. (d) 3., with monitoring by an electronic monitoring system, if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB686, s. 52 Section 52. 938.355 (6m) (a) of the statutes is renumbered 938.355 (6m) (a) (intro.) and amended to read:

AB686,20,12 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (2) or who has been found to be in need of protection or services based on habitual truancy from school under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension sanction specified in this paragraph subds. 1. and 2. and the dispositions specified in s. 938.342 (1) (b) to (f) (j) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction suspension:

AB686,20,23 1. Suspension of the juvenile's operating privilege, as defined under s. 340.01 (40), for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this paragraph subdivision, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this paragraph subdivision, whichever occurs first. If the court suspends an operating privilege under this paragraph subdivision, the court shall immediately take possession of the suspended license and forward it to the department of transportation with a notice stating the reason for and the duration of the suspension.

AB686, s. 53 Section 53. 938.355 (6m) (a) 2. of the statutes is created to read:

AB686,21,8 938.355 (6m) (a) 2. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department 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.

AB686, s. 54 Section 54. 938.355 (6m) (am) of the statutes is created to read:

AB686,21,20 938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (a) 1., if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian Child Welfare Act, 25 USC 1911 to 1963.

AB686,21,24 2. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in par. (a) 1. on a petition described in subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under par. (a) 1.

AB686, s. 55 Section 55. Initial applicability.

AB686,22,4 (1) The treatment of section 118.15 (5) (a) of the statutes first applies to violations under section 118.15 of the statutes occurring on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person.

AB686,22,7 (2) The treatment of sections 118.15 (1) (am), 118.16 (2) (cg) 1. and 4., 118.165 (1) (e) and 938.345 (2) of the statutes first applies to pupils enrolled in school in the 1998-99 school year.

AB686,22,12 (3) The treatment of sections 938.17 (2) (cm), (h) 1. and (i) and 938.355 (6) (a) and (an) 1. and (6m) (am) of the statutes, the renumbering and amendment of section 938.355 (6m) (a) of the statutes and the creation of section 938.355 (6m) (a) 2. of the statutes first apply to dispositional orders entered on the effective date of this subsection.

AB686,22,13 (End)