AB247: Bill Text

AB247,5,25 938.245 (2) (a) A deferred prosecution agreement may provide for any one or more of the following: conditions specified in subs. (2b) to (2z) that are applicable.

AB247, s. 7 Section 7. 938.245 (2) (a) 1. of the statutes is renumbered 938.245 (2b) and amended to read:

AB247,6,6 938.245 (2b) That The deferred prosecution agreement may require that the juvenile and the juvenile's parent, guardian or legal custodian participate in individual, family or group counseling and that the parent, guardian or legal custodian participate in parenting skills training.

AB247, s. 8 Section 8. 938.245 (2) (a) 2. of the statutes is renumbered 938.245 (2c) and amended to read:

AB247,6,12 938.245 (2c) That The deferred prosecution agreement may require that the juvenile and a parent, guardian and legal custodian abide by such obligations, including supervision, curfews and school attendance requirements, as will tend to ensure the juvenile's rehabilitation, protection or care.

AB247, s. 9 Section 9. 938.245 (2) (a) 3. of the statutes is renumbered 938.245 (2f) and amended to read:

AB247,7,2 938.245 (2f) That If the multidisciplinary screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and the medical, personal, family or social effects of that use, the deferred prosecution agreement may require that the juvenile submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 938.547 (4) and that is conducted by an approved treatment facility for an examination of the juvenile's use of alcohol beverages, controlled substances or controlled substance analogs and any medical, personal, family or social effects caused by its use, if the multidisciplinary screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects that use.

AB247, s. 10 Section 10. 938.245 (2) (a) 4. of the statutes is renumbered 938.245 (2g) and amended to read:

AB247,7,23 938.245 (2g) That the juvenile participate in a restitution project if If the act for which the deferred prosecution agreement is being entered into has resulted in damage to the property of another, or in actual physical in bodily injury to another excluding pain and suffering. Subject to subd. 5. c. or in death and if the intake worker after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being or behavior of, the juvenile, the deferred prosecution agreement may require the juvenile to repair the damage to property or, subject to par. (c), to make reasonable restitution for the damage or injury or death as provided in pars. (d) to (j), either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, if the intake worker, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile. Any such deferred prosecution agreement shall include a determination that the juvenile alone is financially able to pay or physically able to perform the services, may allow up to the date of the expiration of the deferred prosecution agreement for the payment or for the completion of the services and may include a schedule for the performance and completion of the services. Any recovery under this subd. 5. a. paragraph shall be reduced by the amount recovered as restitution for the same act under subd. 5. am. par. (am).

AB247, s. 11 Section 11. 938.245 (2) (a) 5. a., am. and c. of the statutes are renumbered 938.245 (2t) (a), (am) and (c) and amended to read:

AB247,8,19 938.245 (2t) (a) That the juvenile participate in a restitution project if If the act for which the deferred prosecution agreement is being entered into has resulted in damage to or loss or destruction of the property of another, or in actual physical in bodily injury to another excluding pain and suffering. Subject to subd. 5. c. or in death and if the intake worker, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being or behavior of, the juvenile, the deferred prosecution agreement may require the juvenile to repair the damage to property or, subject to par. (c), to make reasonable restitution for the damage or, injury or death as provided in pars. (d) to (j), either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, if the intake worker, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile. Any such deferred prosecution agreement shall include a determination that the juvenile alone is financially able to pay or physically able to perform the services, may allow up to the date of the expiration of the deferred prosecution agreement for the payment or for the completion of the services and may include a schedule for the performance and completion of the services. Any recovery under this subd. 5.a. paragraph. shall be reduced by the amount recovered as restitution for the same act under subd. 5. am par. (am).

AB247,9,14 (am) That the parent who has custody, as defined in s. 895.035 (1), of the juvenile make reasonable restitution for If the act for which the deferred prosecution agreement is being entered into has resulted in any damage to or loss or destruction of the property of another, or for any actual physical in bodily injury to another excluding pain and suffering, resulting from the act for which the deferred prosecution agreement is being entered into or in death and if the intake worker, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being or behavior of the juvenile, the deferred prosecution agreement may require the parent who has custody, as defined in s. 895.035 (1), of the juvenile to make reasonable restitution, subject to the limit specified in this paragraph, for the damage, injury or death as provided in pars. (d) to (j). Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this subd. 5. am. paragraph for damage or, injury or death resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d). Any order under this subd. 5. am. paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of the expiration of the deferred prosecution agreement for the payment. Any recovery under this subd. 5. am. paragraph shall be reduced by the amount recovered as restitution for the same act under subd. 5. a par. (a).

AB247,9,17 (c) Under this subdivision subsection, a deferred prosecution agreement may not require a juvenile who is under 14 years of age to make more than $250 in restitution or to perform more than 40 hours of services for the victim as restitution.

AB247, s. 12 Section 12. 938.245 (2) (a) 5. b. of the statutes is renumbered 938.245 (2t) (b).

AB247, s. 13 Section 13. 938.245 (2) (a) 6. of the statutes is renumbered 938.245 (2u) and amended to read:

AB247,9,23 938.245 (2u) That The deferred prosecution agreement may require that the juvenile participate in a supervised work program or other community service work in accordance with s. 938.34 (5g).

AB247, s. 14 Section 14. 938.245 (2) (a) 7. of the statutes is renumbered 938.245 (2d) and amended to read:

AB247,10,16 938.245 (2d) That the juvenile be placed with a volunteers in probation program under such conditions as the intake worker determines are reasonable and appropriate, if If the juvenile is alleged to have committed an act that would constitute a misdemeanor if committed by an adult, if the chief judge of the judicial administrative district has approved under s. 973.11 (2) a volunteers in probation program established in the juvenile's county of residence and if the intake worker determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community, the deferred prosecution agreement may require that the juvenile be placed with a volunteers in probation program under such conditions that the intake worker determines are reasonable and appropriate. The conditions that the intake worker may establish under this subdivision subsection may include, but need not be limited to, a request to a volunteer to provide for the juvenile a role model, informal counseling, general monitoring and monitoring of the conditions established by the intake worker, or any combination of these functions, and any other deferred prosecution condition that the intake worker may establish under this paragraph section.

AB247, s. 15 Section 15. 938.245 (2) (a) 8. of the statutes is renumbered 938.245 (2m), and 938.245 (2m) (intro.), as renumbered, is amended to read:

AB247,10,21 938.245 (2m) (intro.) That The deferred prosecution agreement may require that the juvenile be placed in a teen court program if all of the following conditions apply:

AB247, s. 16 Section 16. 938.245 (2) (a) 9. of the statutes is renumbered 938.245 (2z) and amended to read:

AB247,11,10 938.245 (2z) That The deferred prosecution agreement may require that the juvenile be placed in a youth village program as described in s. 118.42. Upon the motion of the court or the application of the juvenile, parent, guardian, legal custodian, intake worker or any agency supervising the juvenile under a deferred prosecution agreement under this subdivision subsection, the court may, after giving notice to the parties to the deferred prosecution agreement and their counsel, if any, extend the agreement for up to an additional one year in the absence of an objection to extension by the parties to the initial deferred prosecution agreement. If the juvenile or the parent, guardian or legal custodian object to the extension, the court shall schedule a hearing and make a determination on the issue of extension. A deferred prosecution agreement under this subdivision subsection may be extended no more than twice.

AB247, s. 17 Section 17. 938.245 (2) (b) of the statutes is amended to read:

AB247,11,14 938.245 (2) (b) A deferred prosecution agreement, other than an agreement under par. (a) 9. sub. (2z), may not include any form of out-of-home placement and may not exceed one year.

AB247, s. 18 Section 18. 938.245 (2) (c) of the statutes is amended to read:

AB247,11,21 938.245 (2) (c) If the deferred prosecution agreement provides for alcohol and other drug abuse outpatient treatment under par. (a) 4. sub. (2g), the juvenile and the juvenile's parent, guardian or legal custodian shall execute an informed consent form that indicates that they are voluntarily and knowingly entering into a deferred prosecution agreement for the provision of alcohol and other drug abuse outpatient treatment.

AB247, s. 19 Section 19. 938.245 (2g) of the statutes is renumbered 938.245 (2x).

AB247, s. 20 Section 20. 938.245 (2t) (d) of the statutes is created to read:

AB247,12,5 938.245 (2t) (d) If the act for which the deferred prosecution agreement is entered into has resulted in damage to or loss or destruction of property, the deferred prosecution agreement may require the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile to return the property to the owner or the owner's designee or, if return of the property is impossible, impractical or inadequate, to pay the owner or the owner's designee the reasonable repair or replacement cost of the property or the greater of the following:

AB247,12,6 1. The value of the property on the date of its damage, loss or destruction.

AB247,12,9 2. The value of the property on the date of the deferred prosecution agreement, less the value of any part of the property returned as of the date of its return. The value of any retail merchandise shall be its retail value.

AB247, s. 21 Section 21. 938.245 (2t) (e) of the statutes is created to read:

AB247,12,14 938.245 (2t) (e) If the act for which the deferred prosecution agreement is entered into has resulted in bodily injury, the deferred prosecution agreement may require that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile do any one or more of the following:

AB247,12,17 1. Pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric and psychological care and treatment.

AB247,12,19 2. Pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation.

AB247,12,21 3. Reimburse the injured person for income lost as a result of the act for which the deferred prosecution agreement is entered into.

AB247,12,24 4. If the injured person's sole employment at the time of the injury was performing the duties of a homemaker, pay an amount sufficient to ensure that the duties are continued until the person is able to resume performance of the duties.

AB247, s. 22 Section 22. 938.245 (2t) (f) of the statutes is created to read:

AB247,13,5 938.245 (2t) (f) If the act for which the deferred prosecution agreement is entered into has resulted in death, the deferred prosecution agreement may require that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile pay an amount equal to the cost of necessary funeral and related services under s. 895.04 (5).

AB247, s. 23 Section 23. 938.245 (2t) (g) of the statutes is created to read:

AB247,13,15 938.245 (2t) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the deferred prosecution agreement may require that the juvenile pay an amount, not to exceed $10,000, or that the parent who has custody, as defined in s. 895.035 (1), of the juvenile pay an amount, not to exceed the amount specified in par. (am), equal to the cost of necessary professional services relating to psychiatric and psychological care and treatment. The $10,000 limit under this paragraph does not apply to the amount of any restitution agreed to under par. (e) or (h) for the cost of necessary professional services relating to psychiatric and psychological care and treatment.

AB247, s. 24 Section 24. 938.245 (2t) (h) of the statutes is created to read:

AB247,13,19 938.245 (2t) (h) In any case, the deferred prosecution agreement may require that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile do any one or more of the following:

AB247,13,23 1. Pay all special damages, but not general damages, substantiated by evidence in the record, which could be recovered in a civil action against the juvenile for his or her conduct in the commission of the act for which the deferred prosecution agreement is entered into.

AB247,14,2 2. Pay to the person against whom the act for which the deferred prosecution agreement is entered into was committed an amount equal to the income lost and reasonable out-of-pocket expenses incurred as a result of the filing of charges or that person's cooperation in the investigation and prosecution of the act.

AB247,14,5 3. Reimburse any person or agency for amounts paid as rewards for information leading to the apprehension of the juvenile for the act for which the deferred prosecution agreement is entered into.

AB247,14,7 4. If justice so requires, reimburse any insurer, surety or other person who has compensated a victim for a loss otherwise compensable under this subsection.

AB247, s. 25 Section 25. 938.245 (2t) (i) of the statutes is created to read:

AB247,14,10 938.245 (2t) (i) Any order under par. (h) 3. or 4. shall require that all restitution to victims be paid before restitution to other persons.

AB247, s. 26 Section 26. 938.245 (2t) (j) of the statutes is created to read:

AB247,14,17 938.245 (2t) (j) 1. If a victim of the act for which the deferred prosecution agreement is entered into is paid an award under ch. 949 for any loss arising out of the act, the state is subrogated to the rights of the victim to any restitution required by the court. The rights of the state are subordinate to the claims of victims who have suffered a loss arising out of the offenses or any transaction which is part of the same continuous scheme of delinquent activity.

AB247,14,24 2. When restitution is ordered, the court shall inquire to determine if an award has been made under ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution ordered is less than or equal to the award under ch. 949, the restitution shall be paid only to the general fund. If the restitution ordered is greater than the award under ch. 949, the general fund shall receive an amount equal to the award under ch. 949 and the balance shall be paid to the victim.

AB247, s. 27 Section 27. 938.245 (3) of the statutes is amended to read:

AB247,15,8 938.245 (3) The obligations imposed under a deferred prosecution agreement and its effective date shall be set forth in writing. If the deferred prosecution agreement places the juvenile in a youth village program under sub. (2) (a) 9. (2z), the judge or juvenile court commissioner shall receive written notice that a deferred prosecution agreement has been entered into and, on receipt of that notice, shall enter an order requiring compliance with that agreement. The juvenile and a parent, guardian and legal custodian shall receive a copy of the agreement and order, as shall any agency providing services under the agreement.

AB247, s. 28 Section 28. 938.245 (4) of the statutes is amended to read:

AB247,15,18 938.245 (4) The intake worker shall inform the juvenile and the juvenile's parent, guardian and legal custodian in writing of their right to terminate or, if the juvenile is subject to a deferred prosecution agreement under sub. (2) (a) 9. (2z), to request the court to terminate the deferred prosecution agreement at any time or to object at any time to the fact or terms of the deferred prosecution agreement. If an objection arises the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the deferred prosecution agreement is terminated the intake worker may request the district attorney or corporation counsel to file a petition.

AB247, s. 29 Section 29. 938.245 (5) of the statutes is amended to read:

AB247,15,24 938.245 (5) A deferred prosecution agreement, other than a deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g) or (2v). (2z), may be terminated upon the request of the juvenile, parent, guardian or legal custodian. A deferred prosecution agreement under sub. (2) (a) 9. (2z) may be terminated by the court upon the request of the juvenile, parent, guardian or legal custodian.

AB247, s. 30 Section 30. 938.32 (1t) (a) 1., 1m. and 3. of the statutes are renumbered 938.32 (1t) (a), (am) and (c) and amended to read:

AB247,16,23 938.32 (1t) (a) Subject to subd. 3., if If the petition alleges that the juvenile committed a delinquent act that has resulted in damage to or loss or destruction of the property of another, or in actual physical in bodily injury to another excluding pain and suffering or in death and if the judge or juvenile court commissioner, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being or behavior of the juvenile, the judge or juvenile court commissioner may require the juvenile as a condition of the consent decree, to repair the damage to property or, subject to par. (c), to make reasonable restitution for the damage or, injury or death as provided in pars. (d) to (j), either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, if the judge or juvenile court commissioner, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile. Any consent decree that includes a condition of restitution by a juvenile shall include a finding that the juvenile alone is financially able to pay or physically able to perform the services, may allow up to the date of the expiration of the consent decree for the payment or for the completion of the services and may include a schedule for the performance and completion of the services. Objection by the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing on the question of damages before the amount of restitution is made part of the consent decree. Any recovery under this subdivision paragraph shall be reduced by the amount recovered as restitution for the same act under subd. 1m. par. (am).

AB247,17,19 (am) If the petition alleges that the juvenile has committed a delinquent act that has resulted in damage to or loss or destruction of the property of another, or in actual physical in bodily injury to another excluding pain and suffering or in death and if the judge or juvenile court commissioner, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being or behavior of the juvenile, the judge or juvenile court commissioner may require a parent who has custody, as defined in s. 895.035 (1), of the juvenile, as a condition of the consent decree, to make reasonable restitution, subject to the limit specified in this paragraph, for the damage or, injury or death as provided in pars. (d) to (j). Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this subdivision paragraph for damage or, injury or death resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d). Any consent decree that includes a condition of restitution by a parent who has custody of the juvenile shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of the expiration of the consent decree for the payment. Objection by the parent to the amount of damages claimed shall entitle the parent to a hearing on the question of damages before the amount of restitution is made part of the consent decree. Any recovery under this subdivision paragraph shall be reduced by the amount recovered as restitution for the same act under subd. 1. par. (a).

AB247,17,23 (c) Under this paragraph subsection, a judge or juvenile court commissioner may not order a juvenile who is under 14 years of age to make more than $250 in restitution or to perform more than 40 total hours of services for the victim as restitution.

AB247, s. 31 Section 31. 938.32 (1t) (a) 2. of the statutes is renumbered 938.32 (1t) (b).

AB247, s. 32 Section 32. 938.32 (1t) (b) of the statutes is renumbered 938.32 (1u).

AB247, s. 33 Section 33. 938.32 (1t) (d) of the statutes is created to read:

AB247,18,7 938.32 (1t) (d) If the delinquent act resulted in damage to or loss or destruction of property, the consent decree may require the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile to return the property to the owner or the owner's designee or, if return of the property is impossible, impractical or inadequate, to pay the owner or the owner's designee the reasonable repair or replacement cost of the property or the greater of the following:

AB247,18,8 1. The value of the property on the date of its damage, loss or destruction.

AB247,18,11 2. The value of the property on the date of the consent decree, less the value of any part of the property returned as of the date of its return. The value of any retail merchandise shall be its retail value.

AB247, s. 34 Section 34. 938.32 (1t) (e) of the statutes is created to read:

AB247,18,15 938.32 (1t) (e) If the delinquent act resulted in bodily injury, the consent decree may require that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile do any one or more of the following:

AB247,18,18 1. Pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric and psychological care and treatment.

AB247,18,20 2. Pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation.

AB247,18,22 3. Reimburse the injured person for income lost as a result of the delinquent act.

AB247,18,25 4. If the injured person's sole employment at the time of the injury was performing the duties of a homemaker, pay an amount sufficient to ensure that the duties are continued until the person is able to resume performance of the duties.

AB247, s. 35 Section 35. 938.32 (1t) (f) of the statutes is created to read:

AB247,19,5 938.32 (1t) (f) If the delinquent act resulted in death, the consent decree may require that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile pay an amount equal to the cost of necessary funeral and related services under s. 895.04 (5).

AB247, s. 36 Section 36. 938.32 (1t) (g) of the statutes is created to read:

AB247,19,15 938.32 (1t) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the consent decree may require that the juvenile pay an amount, not to exceed $10,000, or that the parent who has custody, as defined in s. 895.035 (1), of the juvenile pay an amount, not to exceed the amount specified in par. (am), equal to the cost of necessary professional services relating to psychiatric and psychological care and treatment. The $10,000 limit under this paragraph does not apply to the amount of any restitution ordered under par. (e) or (h) for the cost of necessary professional services relating to psychiatric and psychological care and treatment.

AB247, s. 37 Section 37. 938.32 (1t) (h) of the statutes is created to read:

AB247,19,19 938.32 (1t) (h) In any case, the consent decree may require that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile do any one or more of the following:

AB247,19,22 1. Pay all special damages, but not general damages, substantiated by evidence in the record, which could be recovered in a civil action against the juvenile for his or her conduct in the commission of the delinquent act.

AB247,20,2 2. Pay to the person against whom the delinquent act was committed an amount equal to the income lost and reasonable out-of-pocket expenses incurred as a result of the filing charges or that person's cooperation in the investigation and prosecution of the delinquent act.

AB247,20,5 3. Reimburse any person or agency for amounts paid as rewards for information leading to the apprehension or successful prosecution of the juvenile for the delinquent act.

AB247,20,7 4. If justice so requires, reimburse any insurer, surety or other person who has compensated a victim for a loss otherwise compensable under this subsection.

AB247, s. 38 Section 38. 938.32 (1t) (i) of the statutes is created to read:

AB247,20,10 938.32 (1t) (i) Any order under par. (h) 3. or 4. shall require that all restitution to victims be paid before restitution to other persons.

AB247, s. 39 Section 39. 938.32 (1t) (j) of the statutes is created to read:

AB247,20,17 938.32 (1t) (j) 1. If a victim of the delinquent act is paid an award under ch. 949 for any loss arising out of the delinquent act, the state is subrogated to the rights of the victim to any restitution required by the court. The rights of the state are subordinate to the claims of victims who have suffered a loss arising out of the offenses or any transaction which is part of the same continuous scheme of delinquent activity.

AB247,20,24 2. When restitution is ordered, the court shall inquire to determine if an award has been made under ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution ordered is less than or equal to the award under ch. 949, the restitution shall be paid only to the general fund. If the restitution ordered is greater than the award under ch. 949, the general fund shall receive an amount equal to the award under ch. 949 and the balance shall be paid to the victim.