AB380: Bill Text

AB380, s. 301 Section 301. 814.68 (1) (intro.) of the statutes is amended to read:

AB380,108,3 814.68 (1) Part-time Supplemental court commissioners. (intro.) A part-time supplemental court commissioner appointed under s. 757.68 (2) 757.675 (1) shall collect the following fees:

AB380, s. 302 Section 302. 814.68 (1) (a) of the statutes is amended to read:

AB380,108,8 814.68 (1) (a) A fee of $1 for each decision, signing or filing of a document or other ministerial act required by law performed by a part-time supplemental court commissioner. This paragraph does not apply to testimonial proceedings or depositions taken before a supplemental court commissioner.

AB380, s. 303 Section 303. 814.68 (1) (b) (intro.) of the statutes is amended to read:

AB380,108,13 814.68 (1) (b) (intro.) For the following duties performed by a part-time supplemental court commissioner held in the county courthouse or other court facilities provided by law, reasonable compensation as fixed by the court but not more than the hourly equivalent of the salary of a judge of the court:

AB380, s. 304 Section 304. 814.68 (1) (b) 1. of the statutes is amended to read:

AB380,108,17 814.68 (1) (b) 1. Every attendance upon the hearing of any motion for an order which a supplemental court commissioner is authorized to grant and for attendance upon any motion or an official act to be done by the supplemental court commissioner.

AB380, s. 305 Section 305. 814.68 (2). of the statutes is amended to read:

AB380,108,24 814.68 (2) Supplementary examinations. For attendance upon an examination under ch. 816, a supplemental court commissioner shall collect a fee of $15 to be paid upon the issuance of the order under s. 816.03 (1). The fee shall be returned in any case where it appears by affidavit filed that the order was not served upon the judgment debtor. This fee is the only fee a supplemental court commissioner is entitled to for proceedings under ch. 816.

AB380, s. 306 Section 306. 816.03 (1) (b) of the statutes is amended to read:

AB380,109,5 816.03 (1) (b) A supplemental court commissioner upon application of a judgment creditor shall order any judgment debtor to appear before the court commissioner and answer concerning the judgment debtor's property at a time and place specified in the order, within said county, in lieu of the procedure set forth in par. (a).

AB380, s. 307 Section 307. 816.035 (1) and (2) of the statutes are amended to read:

AB380,109,11 816.035 (1) An order under s. 816.03 (1) issued by a supplemental court commissioner shall be served in the same manner as the service of a summons under s. 801.11. The return on the order shall be made to the commissioner who issued the order. The commissioner shall file the order and the return with the clerk of the court in which the judgment involved is entered.

AB380,109,13 (2) Upon issuance of the order, the supplemental court commissioner shall collect the fee prescribed in s. 814.68 (2) for attendance upon the examination.

AB380, s. 308 Section 308. 818.02 (6) of the statutes is amended to read:

AB380,109,20 818.02 (6) In a proceeding to determine paternity or to establish or revise a child support or maintenance obligation, if the court or family a circuit court commissioner finds that the petitioner cannot effect service of process upon the respondent despite due diligence on the part of the petitioner or after the respondent is personally served but fails to appear on the return date, on the date set for the pretrial hearing or on the date set for the trial.

AB380, s. 309 Section 309. 879.61 of the statutes is amended to read:

AB380,110,7 879.61 Discovery proceedings. Any personal representative or any person interested who suspects that any other person has concealed, stolen, conveyed or disposed of property of the estate; or is indebted to the decedent; possesses, controls or has knowledge of concealed property of the decedent; possesses, controls or has knowledge of writings which contain evidence of or tend to disclose the right, title, interest or claim of the decedent to any property; or possesses, controls or has knowledge of any will of the decedent, may file a petition in the court so stating. The court upon such notice as it directs, may order the other person to appear before the court or a circuit court commissioner for disclosure, may subpoena witnesses and compel the production of evidence and may make any order in relation to the matter as is just and proper.

AB380, s. 310 Section 310. 885.10 of the statutes is amended to read:

AB380,110,20 885.10 Witness for indigent respondent or defendant. Upon satisfactory proof of the financial inability of the respondent or defendant to procure the attendance of witnesses for his or her defense, the judge or supplemental court commissioner, in any paternity proceeding or criminal action or proceeding, or in any other case in which the respondent or defendant is represented by the state public defender or by assigned counsel under s. 977.08, to be tried or heard before him or her, may direct the witnesses to be subpoenaed as he or she determines is proper and necessary, upon the respondent's or defendant's oath or affidavit or that of the respondent's or defendant's attorney. Witnesses so subpoenaed shall be paid their fees in the manner that witnesses for the state therein are paid. Determination of indigency, in full or in part, under s. 977.07 is proof of the respondent's or defendant's financial inability to procure the attendance of witnesses for his or her defense.

AB380, s. 311 Section 311. 885.12 of the statutes is amended to read:

AB380,111,8 885.12 Coercing witnesses before officers and boards. If any person, without reasonable excuse, fails to attend as a witness, or to testify as lawfully required before any arbitrator, coroner, medical examiner, board, commission, commissioner, examiner, committee, or other officer or person authorized to take testimony, or to produce a book or paper which the person was lawfully directed to bring, or to subscribe the person's deposition when correctly reduced to writing, any judge of a court of record or a circuit court commissioner in the county where the person was obliged to attend may, upon sworn proof of the facts, issue an attachment for the person, and unless the person shall purge the contempt and go and testify or do such other act as required by law, may commit the person to close confinement in the county jail until the person shall so testify or do such act, or be discharged according to law. The sheriff of the county shall execute the commitment.

AB380, s. 312 Section 312. 887.26 (7) of the statutes is amended to read:

AB380,111,13 887.26 (7) Fees. The persons who take depositions and the witness shall be entitled to the fees allowed supplemental court commissioners under s. 814.68 (1) and witnesses for similar service by the law of this state, or such as may be prescribed by the law of the state or country where taken.

AB380, s. 313 Section 313. 898.02 of the statutes is amended to read:

AB380,111,19 898.02 Notice to plaintiff. The person shall cause notice to be given to the plaintiff in the action, the plaintiff's agent or attorney, in writing, that at a time and place specified in the notice the person will apply to the circuit judge or circuit court commissioner of the county in which the person is so confined for the purpose of obtaining a discharge from imprisonment.

AB380, s. 314 Section 314. 898.04 of the statutes is amended to read:

AB380,112,2 898.04 Prisoner to be examined. At the time and place specified in the notice the person shall be taken, under the custody of the jailer, the sheriff or the sheriff's deputy, before the circuit judge or circuit court commissioner, who shall examine the prisoner on oath concerning his or her estate and effects and the disposal thereof and the prisoner's ability to pay the judgment for which he or she is committed; and who shall also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor.

AB380, s. 315 Section 315. 898.11 of the statutes is amended to read:

AB380,112,6 898.11 Inability to pay fees. If the prisoner is unable to pay in whole or in part the fees of the circuit judge or court commissioner in the proceedings, the proceedings shall continue without charge to the prisoner.

AB380, s. 316 Section 316. 906.15 (1) of the statutes is amended to read:

AB380,112,11 906.15 (1) At the request of a party, the judge or a circuit court commissioner shall order witnesses excluded so that they cannot hear the testimony of other witnesses. The judge or circuit court commissioner may also make the order of his or her own motion.

AB380, s. 317 Section 317. 906.15 (2) (d) of the statutes is amended to read:

AB380,112,19 906.15 (2) (d) A victim, as defined in s. 950.02 (4), in a criminal case or a victim, as defined in s. 938.02 (20m), in a delinquency proceeding under ch. 938, unless the judge or circuit court commissioner finds that exclusion of the victim is necessary to provide a fair trial for the defendant or a fair fact-finding hearing for the juvenile. The presence of a victim during the testimony of other witnesses may not by itself be a basis for a finding that exclusion of the victim is necessary to provide a fair trial for the defendant or a fair fact-finding hearing for the juvenile.

AB380, s. 318 Section 318. 906.15 (3) of the statutes is amended to read:

AB380,112,24 906.15 (3) The judge or circuit court commissioner may direct that all excluded and non-excluded witnesses be kept separate until called and may prevent them from communicating with one another until they have been examined or the hearing is ended.

AB380, s. 319 Section 319. 911.01 (1) of the statutes is amended to read:

AB380,113,7 911.01 (1) Courts and court commissioners. Chapters 901 to 911 apply to the courts of the state of Wisconsin, including municipal courts, family court commissioners, and circuit, supplemental and municipal court commissioners, in the proceedings and to the extent hereinafter set forth except as provided in s. 972.11. The word "judge" in chs. 901 to 911 means judge of a court of record, municipal judge, family or circuit, supplemental or municipal court commissioner, and court commissioner.

AB380, s. 320 Section 320. 938.06 (1) (a) 2. of the statutes is amended to read:

AB380,113,15 938.06 (1) (a) 2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters under this chapter and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 938.065 (1).

AB380, s. 321 Section 321. 938.065 of the statutes is repealed.

AB380, s. 322 Section 322. 938.208 (4) of the statutes is amended to read:

AB380,113,21 938.208 (4) Probable cause exists to believe that the juvenile, having been placed in nonsecure custody by an intake worker under s. 938.207 or by the judge or juvenile circuit court commissioner under s. 938.21 (4), has run away or committed a delinquent act and no other suitable alternative exists.

AB380, s. 323 Section 323. 938.21 (1) (a) of the statutes is amended to read:

AB380,114,10 938.21 (1) (a) If a juvenile who has been taken into custody is not released under s. 938.20, a hearing to determine whether the juvenile shall continue to be held in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the judge or juvenile a circuit court commissioner within 24 hours after the end of the day that the decision to hold the juvenile was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 938.25 shall be filed, except that no petition need be filed where a juvenile is taken into custody under s. 938.19 (1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state, in which case a written statement of the reasons for holding a juvenile in custody shall be substituted if the petition is not filed. If no hearing has been held within 24 hours or if no petition or statement has been filed at the time of the hearing, the juvenile shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request.

AB380, s. 324 Section 324. 938.21 (1) (b) of the statutes is amended to read:

AB380,114,23 938.21 (1) (b) If no petition has been filed by the time of the hearing, a juvenile may be held in custody with the approval of the judge or juvenile circuit court commissioner for an additional 48 hours from the time of the hearing only if, as a result of the facts brought forth at the hearing, the judge or juvenile circuit court commissioner determines that probable cause exists to believe that the juvenile is an imminent danger to himself or herself or to others, or that probable cause exists to believe that the parent, guardian or legal custodian of the juvenile or other responsible adult is neglecting, refusing, unable or unavailable to provide adequate supervision and care. The extension may be granted only once for any petition. In the event of failure to file a petition within the 48-hour extension period provided for in this paragraph, the judge or juvenile circuit court commissioner shall order the juvenile's immediate release from custody.

AB380, s. 325 Section 325. 938.21 (2) (c) of the statutes is amended to read:

AB380,115,8 938.21 (2) (c) Prior to the commencement of the hearing, the juvenile shall be informed by the judge or juvenile circuit court commissioner of the allegations that have been or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the provisions of s. 938.18 if applicable, the right to counsel under s. 938.23 regardless of ability to pay if the juvenile is not yet represented by counsel, the right to remain silent, the fact that the silence may not be adversely considered by the judge or juvenile circuit court commissioner, the right to confront and cross-examine witnesses and the right to present witnesses.

AB380, s. 326 Section 326. 938.21 (4) (intro.) of the statutes is amended to read:

AB380,115,12 938.21 (4) (intro.) If the judge or juvenile circuit court commissioner finds that the juvenile should be continued in custody under the criteria of s. 938.205, he or she shall enter one of the following orders:

AB380, s. 327 Section 327. 938.21 (4m) of the statutes is amended to read:

AB380,115,16 938.21 (4m) Electronic monitoring. The judge or juvenile circuit court commissioner may include in an order under sub. (4) (a) or (b) a condition that the juvenile be monitored by an electronic monitoring system.

AB380, s. 328 Section 328. 938.21 (7) of the statutes is amended to read:

AB380,115,22 938.21 (7) Deferred prosecution. If the judge or juvenile circuit court commissioner determines that the best interests of the juvenile and the public are served, he or she may enter a consent decree under s. 938.32 or order the petition dismissed and refer the matter to the intake worker for deferred prosecution in accordance with s. 938.245.

AB380, s. 329 Section 329. 938.24 (5) of the statutes is amended to read:

AB380,116,21 938.24 (5) The intake worker shall request that a petition be filed, enter into a deferred prosecution agreement or close the case within 40 days or sooner of receipt of referral information. Before entering into a deferred prosecution agreement, the intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel or other official under s. 938.09 shall receive written notice of such action. If the case is closed, the known victims of the juvenile's alleged act shall receive notice as provided under sub. (5m), if applicable. In addition, if a deferred prosecution agreement is entered into placing a juvenile in a youth village program as described in s. 118.42, the judge or juvenile circuit court commissioner shall receive written notice of such action and, on receipt of that notice, shall enter an order requiring compliance with that agreement. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward this recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition which is not referred or filed within the time limits specified within this subsection. Failure to object if a petition is not referred or filed within a time limit specified in this subsection waives that time limit.

AB380, s. 330 Section 330. 938.245 (3) of the statutes is amended to read:

AB380,117,5 938.245 (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., the judge or juvenile circuit 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.

AB380, s. 331 Section 331. 938.30 (9) of the statutes is amended to read:

AB380,117,10 938.30 (9) If a circuit court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 938.12 or 938.13, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquires set forth in sub. (8).

AB380, s. 332 Section 332. 938.32 (1) (a) of the statutes is amended to read:

AB380,117,23 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile circuit court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement or in a youth village program as described in s. 118.42. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

AB380, s. 333 Section 333. 938.32 (1d) of the statutes is amended to read:

AB380,118,11 938.32 (1d) If the petition alleges that the juvenile has 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 judge or juvenile circuit court commissioner determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community, the judge or juvenile circuit court commissioner may establish as a condition under sub. (1) that the juvenile be placed with that volunteers in probation program under such conditions as the judge or juvenile circuit court commissioner determines are reasonable and appropriate. These conditions may include, but need not be limited to, any of the following:

AB380,118,14 (a) A directive to a volunteer to provide for the juvenile a role model, informal counseling, general monitoring and monitoring of the conditions established by the judge or juvenile circuit court commissioner, or any combination of these functions.

AB380,118,16 (b) Any other conditions that the judge or juvenile circuit court commissioner may establish under this section.

AB380, s. 334 Section 334. 938.32 (1g) (intro.) of the statutes is amended to read:

AB380,118,23 938.32 (1g) (intro.) If the petition alleges that the juvenile committed a violation specified under ch. 961 and 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 and social effects, the judge or juvenile circuit court commissioner may establish as a condition under sub. (1) any of the following:

AB380, s. 335 Section 335. 938.32 (1m) (intro.) and (a) of the statutes are amended to read:

AB380,119,3 938.32 (1m) The judge or juvenile circuit court commissioner may establish as a condition under sub. (1) that the juvenile be placed in a teen court program if all of the following conditions apply:

AB380,119,7 (a) The chief judge of the judicial administrative district has approved a teen court program established in the juvenile's county of residence and the judge or juvenile circuit court commissioner determines that participation in the teen court program will likely benefit the juvenile and the community.

AB380, s. 336 Section 336. 938.32 (1t) (a) 1. of the statutes is amended to read:

AB380,120,2 938.32 (1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile committed a delinquent act that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the judge or juvenile circuit court commissioner may require the juvenile as a condition of the consent decree, to repair the damage to property or to make reasonable restitution for the damage or injury, 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 circuit 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 shall be reduced by the amount recovered as restitution for the same act under subd. 1m.

AB380, s. 337 Section 337. 938.32 (1t) (a) 1m. of the statutes is amended to read:

AB380,120,20 938.32 (1t) (a) 1m. If the petition alleges that the juvenile has committed a delinquent act that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the judge or juvenile circuit 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 for the damage or injury. Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this subdivision for damage or injury 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 shall be reduced by the amount recovered as restitution for the same act under subd. 1.

AB380, s. 338 Section 338. 938.32 (1t) (a) 3. of the statutes is amended to read:

AB380,120,25 938.32 (1t) (a) 3. Under this paragraph, a judge or juvenile circuit 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.

AB380, s. 339 Section 339. 938.32 (1v) of the statutes is amended to read:

AB380,121,5 938.32 (1v) If the petition alleges that the juvenile is in need of protection or services under s. 938.13 (6), the judge or juvenile circuit court commissioner may establish as a condition under sub. (1) that the juvenile's parent, guardian or legal custodian attend school with the juvenile.

AB380, s. 340 Section 340. 938.32 (1x) of the statutes is amended to read:

AB380,121,14 938.32 (1x) If the petition alleges that the juvenile violated s. 943.017 and the juvenile has attained the minimum age at which a juvenile may be adjudicated delinquent, the judge or juvenile circuit court commissioner may require, as a condition of the consent decree, that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is 40.

AB380, s. 341 Section 341. 938.32 (2) (a) of the statutes is amended to read:

AB380,121,18 938.32 (2) (a) A consent decree shall remain in effect for up to one year unless the juvenile, parent, guardian or legal custodian is discharged sooner by the judge or juvenile circuit court commissioner.

AB380, s. 342 Section 342. 938.32 (6) of the statutes is amended to read:

AB380,121,24 938.32 (6) The judge or juvenile circuit court commissioner shall inform the juvenile and the juvenile's parent, guardian or legal custodian, in writing, of the juvenile's right to object to the continuation of the consent decree under sub. (3) and of the fact that the hearing under which the juvenile was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB380, s. 343 Section 343. 940.203 (1) (b) of the statutes is amended to read:

AB380,122,4 940.203 (1) (b) "Judge" means a supreme court justice, court of appeals judge, circuit court judge, municipal judge, temporary or permanent reserve judge or juvenile, probate, family or other circuit, supplemental or municipal court commissioner.