AB380, s. 301
25Section
301. 814.68 (1) (intro.) of the statutes is amended to read:
AB380,108,3
1814.68 (
1)
Part-time Supplemental court commissioners. (intro.) A
part-time 2supplemental court commissioner appointed under s.
757.68 (2) 757.675 (1) shall
3collect the following fees:
AB380, s. 302
4Section
302. 814.68 (1) (a) of the statutes is amended to read:
AB380,108,85
814.68 (
1) (a) A fee of $1 for each decision, signing or filing of a document or
6other ministerial act required by law performed by a
part-time supplemental court
7commissioner. This paragraph does not apply to testimonial proceedings or
8depositions taken before a
supplemental court commissioner.
AB380, s. 303
9Section
303. 814.68 (1) (b) (intro.) of the statutes is amended to read:
AB380,108,1310
814.68 (
1) (b) (intro.) For the following duties performed by a
part-time 11supplemental court commissioner held in the county courthouse or other court
12facilities provided by law, reasonable compensation as fixed by the court but not more
13than the hourly equivalent of the salary of a judge of the court:
AB380, s. 304
14Section
304. 814.68 (1) (b) 1. of the statutes is amended to read:
AB380,108,1715
814.68 (
1) (b) 1. Every attendance upon the hearing of any motion for an order
16which a
supplemental court commissioner is authorized to grant and for attendance
17upon any motion or an official act to be done by the
supplemental court commissioner.
AB380, s. 305
18Section
305. 814.68 (2). of the statutes is amended to read:
AB380,108,2419
814.68
(2) Supplementary examinations. For attendance upon an examination
20under ch. 816, a
supplemental court commissioner shall collect a fee of $15 to be paid
21upon the issuance of the order under s. 816.03 (1). The fee shall be returned in any
22case where it appears by affidavit filed that the order was not served upon the
23judgment debtor. This fee is the only fee a
supplemental court commissioner is
24entitled to for proceedings under ch. 816.
AB380, s. 306
25Section
306. 816.03 (1) (b) of the statutes is amended to read:
AB380,109,5
1816.03
(1) (b) A
supplemental court commissioner upon application of a
2judgment creditor shall order any judgment debtor to appear before the court
3commissioner and answer concerning the judgment debtor's property at a time and
4place specified in the order, within said county, in lieu of the procedure set forth in
5par. (a).
AB380, s. 307
6Section
307. 816.035 (1) and (2) of the statutes are amended to read:
AB380,109,117
816.035
(1) An order under s. 816.03 (1) issued by a
supplemental court
8commissioner shall be served in the same manner as the service of a summons under
9s. 801.11. The return on the order shall be made to the commissioner who issued the
10order. The commissioner shall file the order and the return with the clerk of the court
11in which the judgment involved is entered.
AB380,109,13
12(2) Upon issuance of the order, the
supplemental court commissioner shall
13collect the fee prescribed in s. 814.68 (2) for attendance upon the examination.
AB380, s. 308
14Section
308. 818.02 (6) of the statutes is amended to read:
AB380,109,2015
818.02
(6) In a proceeding to determine paternity or to establish or revise a
16child support or maintenance obligation, if the court or
family a circuit court
17commissioner finds that the petitioner cannot effect service of process upon the
18respondent despite due diligence on the part of the petitioner or after the respondent
19is personally served but fails to appear on the return date, on the date set for the
20pretrial hearing or on the date set for the trial.
AB380, s. 309
21Section
309. 879.61 of the statutes is amended to read:
AB380,110,7
22879.61 Discovery proceedings. Any personal representative or any person
23interested who suspects that any other person has concealed, stolen, conveyed or
24disposed of property of the estate; or is indebted to the decedent; possesses, controls
25or has knowledge of concealed property of the decedent; possesses, controls or has
1knowledge of writings which contain evidence of or tend to disclose the right, title,
2interest or claim of the decedent to any property; or possesses, controls or has
3knowledge of any will of the decedent, may file a petition in the court so stating. The
4court upon such notice as it directs, may order the other person to appear before the
5court or a
circuit court commissioner for disclosure, may subpoena witnesses and
6compel the production of evidence and may make any order in relation to the matter
7as is just and proper.
AB380, s. 310
8Section
310. 885.10 of the statutes is amended to read:
AB380,110,20
9885.10 Witness for indigent respondent or defendant. Upon satisfactory
10proof of the financial inability of the respondent or defendant to procure the
11attendance of witnesses for his or her defense, the judge or
supplemental court
12commissioner, in any paternity proceeding or criminal action or proceeding, or in any
13other case in which the respondent or defendant is represented by the state public
14defender or by assigned counsel under s. 977.08, to be tried or heard before him or
15her, may direct the witnesses to be subpoenaed as he or she determines is proper and
16necessary, upon the respondent's or defendant's oath or affidavit or that of the
17respondent's or defendant's attorney. Witnesses so subpoenaed shall be paid their
18fees in the manner that witnesses for the state therein are paid. Determination of
19indigency, in full or in part, under s. 977.07 is proof of the respondent's or defendant's
20financial inability to procure the attendance of witnesses for his or her defense.
AB380, s. 311
21Section
311. 885.12 of the statutes is amended to read:
AB380,111,8
22885.12 Coercing witnesses before officers and boards. If any person,
23without reasonable excuse, fails to attend as a witness, or to testify as lawfully
24required before any arbitrator, coroner, medical examiner, board, commission,
25commissioner, examiner, committee, or other officer or person authorized to take
1testimony, or to produce a book or paper which the person was lawfully directed to
2bring, or to subscribe the person's deposition when correctly reduced to writing, any
3judge of a court of record or
a circuit court commissioner in the county where the
4person was obliged to attend may, upon sworn proof of the facts, issue an attachment
5for the person, and unless the person shall purge the contempt and go and testify or
6do such other act as required by law, may commit the person to close confinement in
7the county jail until the person shall so testify or do such act, or be discharged
8according to law. The sheriff of the county shall execute the commitment.
AB380, s. 312
9Section
312. 887.26 (7) of the statutes is amended to read:
AB380,111,1310
887.26
(7) Fees. The persons who take depositions and the witness shall be
11entitled to the fees allowed
supplemental court commissioners under s. 814.68 (1)
12and witnesses for similar service by the law of this state, or such as may be prescribed
13by the law of the state or country where taken.
AB380, s. 313
14Section
313. 898.02 of the statutes is amended to read:
AB380,111,19
15898.02 Notice to plaintiff. The person shall cause notice to be given to the
16plaintiff in the action, the plaintiff's agent or attorney, in writing, that at a time and
17place specified in the notice the person will apply to the circuit judge or
circuit court
18commissioner of the county in which the person is so confined for the purpose of
19obtaining a discharge from imprisonment.
AB380, s. 314
20Section
314. 898.04 of the statutes is amended to read:
AB380,112,2
21898.04 Prisoner to be examined. At the time and place specified in the
22notice the person shall be taken, under the custody of the jailer, the sheriff or the
23sheriff's deputy, before the circuit judge or
circuit court commissioner, who shall
24examine the prisoner on oath concerning his or her estate and effects and the
25disposal thereof and the prisoner's ability to pay the judgment for which he or she
1is committed; and who shall also hear any other legal and pertinent evidence that
2may be produced by the debtor or the creditor.
AB380, s. 315
3Section
315. 898.11 of the statutes is amended to read:
AB380,112,6
4898.11 Inability to pay fees. If the prisoner is unable to pay in whole or in
5part the fees of the circuit
judge or court
commissioner in the proceedings, the
6proceedings shall continue without charge to the prisoner.
AB380, s. 316
7Section
316. 906.15 (1) of the statutes is amended to read:
AB380,112,118
906.15
(1) At the request of a party, the judge or
a circuit court commissioner
9shall order witnesses excluded so that they cannot hear the testimony of other
10witnesses. The judge or
circuit court commissioner may also make the order of his
11or her own motion.
AB380, s. 317
12Section
317. 906.15 (2) (d) of the statutes is amended to read:
AB380,112,1913
906.15
(2) (d) A victim, as defined in s. 950.02 (4), in a criminal case or a victim,
14as defined in s. 938.02 (20m), in a delinquency proceeding under ch. 938, unless the
15judge or
circuit court commissioner finds that exclusion of the victim is necessary to
16provide a fair trial for the defendant or a fair fact-finding hearing for the juvenile.
17The presence of a victim during the testimony of other witnesses may not by itself
18be a basis for a finding that exclusion of the victim is necessary to provide a fair trial
19for the defendant or a fair fact-finding hearing for the juvenile.
AB380, s. 318
20Section
318. 906.15 (3) of the statutes is amended to read:
AB380,112,2421
906.15
(3) The judge or
circuit court commissioner may direct that all excluded
22and non-excluded witnesses be kept separate until called and may prevent them
23from communicating with one another until they have been examined or the hearing
24is ended.
AB380, s. 319
25Section
319. 911.01 (1) of the statutes is amended to read:
AB380,113,7
1911.01
(1) Courts and court commissioners. Chapters 901 to 911 apply to the
2courts of the state of Wisconsin, including municipal courts
, family court
3commissioners, and
circuit, supplemental and municipal court commissioners
, in the
4proceedings and to the extent hereinafter set forth except as provided in s. 972.11.
5The word "judge" in chs. 901 to 911 means judge of a court of record, municipal judge
,
6family or circuit, supplemental or municipal court commissioner
, and court
7commissioner.
AB380, s. 320
8Section
320. 938.06 (1) (a) 2. of the statutes is amended to read:
AB380,113,159
938.06
(1) (a) 2. The chief judge of the judicial administrative district shall
10formulate written judicial policy governing intake and court services for juvenile
11matters under this chapter and the director shall be charged with executing the
12judicial policy. The chief judge shall direct and supervise the work of all personnel
13of the court, except the work of the district attorney or corporation counsel assigned
14to the court. The chief judge may delegate his or her supervisory functions
under s.
15938.065 (1).
AB380, s. 321
16Section
321. 938.065 of the statutes is repealed.
AB380, s. 322
17Section
322. 938.208 (4) of the statutes is amended to read:
AB380,113,2118
938.208
(4) Probable cause exists to believe that the juvenile, having been
19placed in nonsecure custody by an intake worker under s. 938.207 or by the judge or
20juvenile circuit court commissioner under s. 938.21 (4), has run away or committed
21a delinquent act and no other suitable alternative exists.
AB380, s. 323
22Section
323. 938.21 (1) (a) of the statutes is amended to read:
AB380,114,1023
938.21
(1) (a) If a juvenile who has been taken into custody is not released
24under s. 938.20, a hearing to determine whether the juvenile shall continue to be held
25in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the
1judge or
juvenile a circuit court commissioner within 24 hours after the end of the
2day that the decision to hold the juvenile was made, excluding Saturdays, Sundays
3and legal holidays. By the time of the hearing a petition under s. 938.25 shall be filed,
4except that no petition need be filed where a juvenile is taken into custody under s.
5938.19 (1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state,
6in which case a written statement of the reasons for holding a juvenile in custody
7shall be substituted if the petition is not filed. If no hearing has been held within 24
8hours or if no petition or statement has been filed at the time of the hearing, the
9juvenile shall be released except as provided in par. (b). A parent not present at the
10hearing shall be granted a rehearing upon request.
AB380, s. 324
11Section
324. 938.21 (1) (b) of the statutes is amended to read:
AB380,114,2312
938.21
(1) (b) If no petition has been filed by the time of the hearing, a juvenile
13may be held in custody with the approval of the judge or
juvenile circuit court
14commissioner for an additional 48 hours from the time of the hearing only if, as a
15result of the facts brought forth at the hearing, the judge or
juvenile circuit court
16commissioner determines that probable cause exists to believe that the juvenile is
17an imminent danger to himself or herself or to others, or that probable cause exists
18to believe that the parent, guardian or legal custodian of the juvenile or other
19responsible adult is neglecting, refusing, unable or unavailable to provide adequate
20supervision and care. The extension may be granted only once for any petition. In
21the event of failure to file a petition within the 48-hour extension period provided
22for in this paragraph, the judge or
juvenile circuit court commissioner shall order the
23juvenile's immediate release from custody.
AB380, s. 325
24Section
325. 938.21 (2) (c) of the statutes is amended to read:
AB380,115,8
1938.21
(2) (c) Prior to the commencement of the hearing, the juvenile shall be
2informed by the judge or
juvenile circuit court commissioner of the allegations that
3have been or may be made, the nature and possible consequences of this hearing as
4compared to possible future hearings, the provisions of s. 938.18 if applicable, the
5right to counsel under s. 938.23 regardless of ability to pay if the juvenile is not yet
6represented by counsel, the right to remain silent, the fact that the silence may not
7be adversely considered by the judge or
juvenile
circuit court commissioner, the right
8to confront and cross-examine witnesses and the right to present witnesses.
AB380, s. 326
9Section
326. 938.21 (4) (intro.) of the statutes is amended to read:
AB380,115,1210
938.21
(4) (intro.) If the judge or
juvenile circuit court commissioner finds that
11the juvenile should be continued in custody under the criteria of s. 938.205, he or she
12shall enter one of the following orders:
AB380, s. 327
13Section
327. 938.21 (4m) of the statutes is amended to read:
AB380,115,1614
938.21
(4m) Electronic monitoring. The judge or
juvenile circuit court
15commissioner may include in an order under sub. (4) (a) or (b) a condition that the
16juvenile be monitored by an electronic monitoring system.
AB380, s. 328
17Section
328. 938.21 (7) of the statutes is amended to read:
AB380,115,2218
938.21
(7) Deferred prosecution. If the judge or
juvenile circuit court
19commissioner determines that the best interests of the juvenile and the public are
20served, he or she may enter a consent decree under s. 938.32 or order the petition
21dismissed and refer the matter to the intake worker for deferred prosecution in
22accordance with s. 938.245.
AB380, s. 329
23Section
329. 938.24 (5) of the statutes is amended to read:
AB380,116,2124
938.24
(5) The intake worker shall request that a petition be filed, enter into
25a deferred prosecution agreement or close the case within 40 days or sooner of receipt
1of referral information. Before entering into a deferred prosecution agreement, the
2intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed
3or a deferred prosecution agreement is entered into, the district attorney, corporation
4counsel or other official under s. 938.09 shall receive written notice of such action.
5If the case is closed, the known victims of the juvenile's alleged act shall receive notice
6as provided under sub. (5m), if applicable. In addition, if a deferred prosecution
7agreement is entered into placing a juvenile in a youth village program as described
8in s. 118.42, the judge or
juvenile circuit court commissioner shall receive written
9notice of such action and, on receipt of that notice, shall enter an order requiring
10compliance with that agreement. A notice of deferred prosecution of an alleged
11delinquency case shall include a summary of the facts surrounding the allegation
12and a list of prior intake referrals and dispositions. If a law enforcement officer has
13made a recommendation concerning the juvenile, the intake worker shall forward
14this recommendation to the district attorney under s. 938.09. Notwithstanding the
15requirements of this section, the district attorney may initiate a delinquency petition
16under s. 938.25 within 20 days after notice that the case has been closed or that a
17deferred prosecution agreement has been entered into. The judge shall grant
18appropriate relief as provided in s. 938.315 (3) with respect to any such petition
19which is not referred or filed within the time limits specified within this subsection.
20Failure to object if a petition is not referred or filed within a time limit specified in
21this subsection waives that time limit.
AB380, s. 330
22Section
330. 938.245 (3) of the statutes is amended to read:
AB380,117,523
938.245
(3) The obligations imposed under a deferred prosecution agreement
24and its effective date shall be set forth in writing. If the deferred prosecution
25agreement places the juvenile in a youth village program under sub. (2) (a) 9., the
1judge or
juvenile circuit court commissioner shall receive written notice that a
2deferred prosecution agreement has been entered into and, on receipt of that notice,
3shall enter an order requiring compliance with that agreement. The juvenile and a
4parent, guardian and legal custodian shall receive a copy of the agreement and order,
5as shall any agency providing services under the agreement.
AB380, s. 331
6Section
331. 938.30 (9) of the statutes is amended to read:
AB380,117,107
938.30
(9) If a
circuit court commissioner conducts the plea hearing and accepts
8an admission of the alleged facts in a petition brought under s. 938.12 or 938.13, the
9judge shall review the admission at the beginning of the dispositional hearing by
10addressing the parties and making the inquires set forth in sub. (8).
AB380, s. 332
11Section
332. 938.32 (1) (a) of the statutes is amended to read:
AB380,117,2312
938.32
(1) (a) At any time after the filing of a petition for a proceeding relating
13to s. 938.12 or 938.13 and before the entry of judgment, the judge or
juvenile circuit 14court commissioner may suspend the proceedings and place the juvenile under
15supervision in the juvenile's own home or present placement or in a youth village
16program as described in s. 118.42. The court may establish terms and conditions
17applicable to the parent, guardian or legal custodian, and to the juvenile, including
18any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order
19under this section shall be known as a consent decree and must be agreed to by the
20juvenile; the parent, guardian or legal custodian; and the person filing the petition
21under s. 938.25. If the consent decree includes any conditions specified in sub. (1g),
22the consent decree shall include provisions for payment of the services as specified
23in s. 938.361. The consent decree shall be reduced to writing and given to the parties.
AB380, s. 333
24Section
333. 938.32 (1d) of the statutes is amended to read:
AB380,118,11
1938.32
(1d) If the petition alleges that the juvenile has committed an act that
2would constitute a misdemeanor if committed by an adult, if the chief judge of the
3judicial administrative district has approved under s. 973.11 (2) a volunteers in
4probation program established in the juvenile's county of residence and if the judge
5or
juvenile circuit court commissioner determines that volunteer supervision under
6that volunteers in probation program will likely benefit the juvenile and the
7community, the judge or
juvenile circuit court commissioner may establish as a
8condition under sub. (1) that the juvenile be placed with that volunteers in probation
9program under such conditions as the judge or
juvenile
circuit court commissioner
10determines are reasonable and appropriate. These conditions may include, but need
11not be limited to, any of the following:
AB380,118,1412
(a) A directive to a volunteer to provide for the juvenile a role model, informal
13counseling, general monitoring and monitoring of the conditions established by the
14judge or
juvenile circuit court commissioner, or any combination of these functions.
AB380,118,1615
(b) Any other conditions that the judge or
juvenile
circuit court commissioner
16may establish under this section.
AB380, s. 334
17Section
334. 938.32 (1g) (intro.) of the statutes is amended to read:
AB380,118,2318
938.32
(1g) (intro.) If the petition alleges that the juvenile committed a
19violation specified under ch. 961 and if the multidisciplinary screen conducted under
20s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related
21to the use of alcohol beverages, controlled substances or controlled substance analogs
22and its medical, personal, family and social effects, the judge or
juvenile circuit court
23commissioner may establish as a condition under sub. (1) any of the following:
AB380, s. 335
24Section
335. 938.32 (1m) (intro.) and (a) of the statutes are amended to read:
AB380,119,3
1938.32
(1m) The judge or
juvenile circuit court commissioner may establish as
2a condition under sub. (1) that the juvenile be placed in a teen court program if all
3of the following conditions apply:
AB380,119,74
(a) The chief judge of the judicial administrative district has approved a teen
5court program established in the juvenile's county of residence and the judge or
6juvenile circuit court commissioner determines that participation in the teen court
7program will likely benefit the juvenile and the community.
AB380, s. 336
8Section
336. 938.32 (1t) (a) 1. of the statutes is amended to read:
AB380,120,29
938.32
(1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile
10committed a delinquent act that has resulted in damage to the property of another,
11or in actual physical injury to another excluding pain and suffering, the judge or
12juvenile circuit court commissioner may require the juvenile as a condition of the
13consent decree, to repair the damage to property or to make reasonable restitution
14for the damage or injury, either in the form of cash payments or, if the victim agrees,
15the performance of services for the victim, or both, if the judge or
juvenile circuit court
16commissioner, after taking into consideration the well-being and needs of the victim,
17considers it beneficial to the well-being and behavior of the juvenile. Any consent
18decree that includes a condition of restitution by a juvenile shall include a finding
19that the juvenile alone is financially able to pay or physically able to perform the
20services, may allow up to the date of the expiration of the consent decree for the
21payment or for the completion of the services and may include a schedule for the
22performance and completion of the services. Objection by the juvenile to the amount
23of damages claimed shall entitle the juvenile to a hearing on the question of damages
24before the amount of restitution is made part of the consent decree. Any recovery
1under this subdivision shall be reduced by the amount recovered as restitution for
2the same act under subd. 1m.
AB380, s. 337
3Section
337. 938.32 (1t) (a) 1m. of the statutes is amended to read:
AB380,120,204
938.32
(1t) (a) 1m. If the petition alleges that the juvenile has committed a
5delinquent act that has resulted in damage to the property of another, or in actual
6physical injury to another excluding pain and suffering, the judge or
juvenile circuit 7court commissioner may require a parent who has custody, as defined in s. 895.035
8(1), of the juvenile, as a condition of the consent decree, to make reasonable
9restitution for the damage or injury. Except for recovery for retail theft under s.
10943.51, the maximum amount of any restitution ordered under this subdivision for
11damage or injury resulting from any one act of a juvenile or from the same act
12committed by 2 or more juveniles in the custody of the same parent may not exceed
13the amount specified in s. 799.01 (1) (d). Any consent decree that includes a condition
14of restitution by a parent who has custody of the juvenile shall include a finding that
15the parent who has custody of the juvenile is financially able to pay the amount
16ordered and may allow up to the date of the expiration of the consent decree for the
17payment. Objection by the parent to the amount of damages claimed shall entitle the
18parent to a hearing on the question of damages before the amount of restitution is
19made part of the consent decree. Any recovery under this subdivision shall be
20reduced by the amount recovered as restitution for the same act under subd. 1.
AB380, s. 338
21Section
338. 938.32 (1t) (a) 3. of the statutes is amended to read:
AB380,120,2522
938.32
(1t) (a) 3. Under this paragraph, a judge or
juvenile circuit court
23commissioner may not order a juvenile who is under 14 years of age to make more
24than $250 in restitution or to perform more than 40 total hours of services for the
25victim as restitution.
AB380, s. 339
1Section
339. 938.32 (1v) of the statutes is amended to read:
AB380,121,52
938.32
(1v) If the petition alleges that the juvenile is in need of protection or
3services under s. 938.13 (6), the judge or
juvenile
circuit court commissioner may
4establish as a condition under sub. (1) that the juvenile's parent, guardian or legal
5custodian attend school with the juvenile.
AB380, s. 340
6Section
340. 938.32 (1x) of the statutes is amended to read:
AB380,121,147
938.32
(1x) If the petition alleges that the juvenile violated s. 943.017 and the
8juvenile has attained the minimum age at which a juvenile may be adjudicated
9delinquent, the judge or
juvenile circuit court commissioner may require, as a
10condition of the consent decree, that the juvenile participate for not less than 10
11hours nor more than 100 hours in a supervised work program under s. 938.34 (5g)
12or perform not less than 10 hours nor more than 100 hours of other community
13service work, except that if the juvenile has not attained 14 years of age the
14maximum number of hours is 40.
AB380, s. 341
15Section
341. 938.32 (2) (a) of the statutes is amended to read:
AB380,121,1816
938.32
(2) (a) A consent decree shall remain in effect for up to one year unless
17the juvenile, parent, guardian or legal custodian is discharged sooner by the judge
18or
juvenile circuit court commissioner.
AB380, s. 342
19Section
342. 938.32 (6) of the statutes is amended to read:
AB380,121,2420
938.32
(6) The judge or
juvenile
circuit court commissioner shall inform the
21juvenile and the juvenile's parent, guardian or legal custodian, in writing, of the
22juvenile's right to object to the continuation of the consent decree under sub. (3) and
23of the fact that the hearing under which the juvenile was placed on supervision may
24be continued to conclusion as if the consent decree had never been entered.
AB380, s. 343
25Section
343. 940.203 (1) (b) of the statutes is amended to read:
AB380,122,4
1940.203
(1) (b) "Judge" means a supreme court justice, court of appeals judge,
2circuit court judge, municipal judge, temporary or permanent reserve judge or
3juvenile, probate, family or other circuit, supplemental or municipal court
4commissioner.