Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,965,18 " Section 3876x. 938.02 (15) of the statutes is amended to read:

SB55-SSA1-CA1,965,21 938.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt, whether by blood, marriage, or adoption.".

SB55-SSA1-CA1,965,22 1511. Page 1219, line 22: delete lines 22 to 25.

SB55-SSA1-CA1,965,23 1512. Page 1220, line 1: delete lines 1 to 7 and substitute:

SB55-SSA1-CA1,965,24 " Section 3879d. 938.183 (3) of the statutes is amended to read:

SB55-SSA1-CA1,966,9 938.183 (3) When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01, except that the department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) for an act committed before December 31, 1999, is eligible for parole under s. 304.06.".

SB55-SSA1-CA1,966,10 1513. Page 1220, line 8: delete lines 8 to 14.

SB55-SSA1-CA1,966,11 1514. Page 1223, line 4: after that line insert:

SB55-SSA1-CA1,966,12 " Section 3889e. 938.245 (2) (a) 9m. of the statutes is created to read:

SB55-SSA1-CA1,966,18 938.245 (2) (a) 9m. That the juvenile report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subdivision.

SB55-SSA1-CA1, s. 3889g Section 3889g. 938.245 (5) of the statutes is amended to read:

SB55-SSA1-CA1,966,22 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g) or (2v). may be terminated upon the request of the juvenile, parent, guardian, or legal custodian.".

SB55-SSA1-CA1,966,23 1515. Page 1223, line 4: after that line insert:

SB55-SSA1-CA1,967,2 " Section 3887. 938.21 (5) (b) of the statutes is renumbered 938.21 (5) (b) (intro.) and amended to read:

SB55-SSA1-CA1,967,4 938.21 (5) (b) (intro.) An order relating to a juvenile held in custody outside of his or her home shall also describe include all of the following:

SB55-SSA1-CA1,967,8 1. A description of any efforts that were made to permit the juvenile to remain at home and the services that are needed to ensure the juvenile's well-being, to enable the juvenile to return safely to his or her home, and to involve the parents in planning for the juvenile.

SB55-SSA1-CA1, s. 3888 Section 3888. 938.21 (5) (b) 2. of the statutes is created to read:

SB55-SSA1-CA1,967,15 938.21 (5) (b) 2. If the juvenile is held in custody outside the home in a placement recommended by the intake worker, a statement that the court approves the placement recommended by the intake worker or, if the juvenile is placed outside the home in a placement other than a placement recommended by the intake worker, a statement that the court has given bona fide consideration to the recommendations made by the intake worker and all parties relating to the placement of the juvenile.".

SB55-SSA1-CA1,967,16 1516. Page 1223, line 4: after that line insert:

SB55-SSA1-CA1,967,17 " Section 3889p. 938.293 (2) of the statutes is amended to read:

SB55-SSA1-CA1,968,4 938.293 (2) All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Sections Section 971.23 and 972.11 (5) shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under ss. s. 971.23 (1), (2m) and, (8), and 972.11 (5) (9).

SB55-SSA1-CA1, s. 3889r Section 3889r. 938.299 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,968,8 938.299 (4) (a) Chapters 901 to 911 govern the presentation of evidence at the fact-finding hearing under s. 938.31. Section 972.11 (5) applies at fact-finding proceedings in all delinquency proceedings under this chapter.".

SB55-SSA1-CA1,968,9 1517. Page 1223, line 7: after that line insert:

SB55-SSA1-CA1,968,10 " Section 3890e. 938.32 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,968,22 938.32 (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 court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement. 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), (1p), (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.

SB55-SSA1-CA1, s. 3890g Section 3890g. 938.32 (1p) of the statutes is created to read:

SB55-SSA1-CA1,969,7 938.32 (1p) The judge or juvenile court commissioner may establish as a condition under sub. (1) that the juvenile report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-CA1, s. 3893t Section 3893t. 938.34 (7j) of the statutes is created to read:

SB55-SSA1-CA1,969,14 938.34 (7j) Youth report center. Order the juvenile to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Subsection (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-CA1, s. 3894s Section 3894s. 938.342 (1d) (c) of the statutes is created to read:

SB55-SSA1-CA1,969,21 938.342 (1d) (c) Order the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a person under this paragraph.

SB55-SSA1-CA1, s. 3894t Section 3894t. 938.342 (1g) (k) of the statutes is created to read:

SB55-SSA1-CA1,970,3 938.342 (1g) (k) Order the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a person under this paragraph.

SB55-SSA1-CA1, s. 3895f Section 3895f. 938.343 (3m) of the statutes is created to read:

SB55-SSA1-CA1,970,10 938.343 (3m) Order the juvenile to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.

SB55-SSA1-CA1, s. 3895j Section 3895j. 938.344 (2g) (a) 5. of the statutes is created to read:

SB55-SSA1-CA1,970,17 938.344 (2g) (a) 5. Report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subdivision.

SB55-SSA1-CA1, s. 3897v Section 3897v. 938.355 (6) (d) 5. of the statutes is created to read:

SB55-SSA1-CA1,970,23 938.355 (6) (d) 5. Participation after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, in the social, behavioral, academic, community service, and other programming of a youth report center. Subdivision 4. and s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.".

SB55-SSA1-CA1,970,24 1518. Page 1223, line 7: after that line insert:

SB55-SSA1-CA1,971,2 " Section 3894. 938.34 (8) of the statutes, as affected by 1999 Wisconsin Act 185, is amended to read:

SB55-SSA1-CA1,971,24 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

SB55-SSA1-CA1, s. 3895 Section 3895. 938.343 (2) of the statutes, as affected by 1999 Wisconsin Act 185, is amended to read:

SB55-SSA1-CA1,972,17 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less more than 2 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).".

SB55-SSA1-CA1,972,18 1519. Page 1223, line 7: after that line insert:

SB55-SSA1-CA1,972,19 " Section 3897. 938.355 (2) (b) 6m. of the statutes is created to read:

SB55-SSA1-CA1,973,2 938.355 (2) (b) 6m. If the juvenile is placed outside the home in a placement recommended by the agency designated under s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.".

SB55-SSA1-CA1,973,3 1520. Page 1223, line 20: after that line insert:

SB55-SSA1-CA1,973,4 " Section 3900k. 938.355 (6m) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,973,17 938.355 (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 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 sanctions specified in subds.1g. to 3. 4. and the dispositions specified in s. 938.342 (1g) (d) to (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 under this paragraph any of the following:

SB55-SSA1-CA1, s. 3900n Section 3900n. 938.355 (6m) (a) 4. of the statutes is created to read:

SB55-SSA1-CA1,973,23 938.355 (6m) (a) 4. Participation after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, in the social, behavioral, academic, community service, and other programming of a youth report center. Subdivision 2. and s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.

SB55-SSA1-CA1, s. 3900p Section 3900p. 938.355 (6m) (ag) of the statutes is amended to read:

SB55-SSA1-CA1,974,12 938.355 (6m) (ag) 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 (1m) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (j) (k) 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.".

SB55-SSA1-CA1,974,13 1521. Page 1223, line 20: after that line insert:

SB55-SSA1-CA1,974,14 " Section 3901. 938.357 (2v) of the statutes is created to read:

SB55-SSA1-CA1,974,23 938.357 (2v) If a hearing is held under sub. (1) or (2m) and the change in placement would place the juvenile outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by the person or agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.".

SB55-SSA1-CA1,974,24 1522. Page 1224, line 14: before that line insert:

SB55-SSA1-CA1,975,1 " Section 3908g. 938.46 of the statutes is amended to read:

SB55-SSA1-CA1,975,8 938.46 New evidence. A juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. This section does not apply to motions made under s. 974.07 (2).".

SB55-SSA1-CA1,975,9 1523. Page 1224, line 13: delete that line.

SB55-SSA1-CA1,975,10 1524. Page 1226, line 12: delete lines 12 to 25.

SB55-SSA1-CA1,975,11 1525. Page 1227, line 1: delete lines 1 to 25.

SB55-SSA1-CA1,975,12 1526. Page 1228, line 1: delete lines 1 to 24.

SB55-SSA1-CA1,975,13 1527. Page 1229, line 1: delete lines 1 to 25.

SB55-SSA1-CA1,975,14 1528. Page 1230, line 1: delete lines 1 to 21 and substitute:

SB55-SSA1-CA1,975,15 " Section 3921d. 938.538 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,976,7 938.538 (4) (a) A participant in the serious juvenile offender program is under the supervision and control of the department, is subject to the rules and discipline of the department and is considered to be in custody, as defined in s. 946.42 (1) (a). Notwithstanding ss. 938.19 to 938.21, if a participant violates a condition of his or her participation in the program under sub. (3) (a) 2. to 9. while placed in a Type 2 secured correctional facility the department may, without a hearing, take the participant into custody and return him or her to placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over, a Type 1 prison, as defined in s. 301.01 (5). Any intentional failure of a participant to remain within the extended limits of his or her placement while participating in the serious juvenile offender program or to return within the time prescribed by the administrator of the division of intensive sanctions in the department is considered an escape under s. 946.42 (3) (c). This paragraph does not preclude a juvenile who has violated a condition of the juvenile's participation in the program under sub. (3) (a) 2. to 9. from being taken into and held in custody under ss. 938.19 to 938.21.".

SB55-SSA1-CA1,976,8 1529. Page 1231, line 7: delete lines 7 to 11.

SB55-SSA1-CA1,976,10 1530. Page 1231, line 12: delete the material beginning with that line and ending with page 1232, line 7.

SB55-SSA1-CA1,976,12 1531. Page 1232, line 19: delete the material beginning with that line and ending with page 1233, line 13, and substitute:

SB55-SSA1-CA1,976,13 " Section 3936c. 939.74 (2d) of the statutes is created to read:

SB55-SSA1-CA1,976,16 939.74 (2d) (a) In this subsection, "deoxyribonucleic acid profile" means an individual's patterned chemical structure of genetic information identified by analyzing biological material that contains the individual's deoxyribonucleic acid.

SB55-SSA1-CA1,977,2 (b) If before the time limitation under sub. (1) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 940.225 (1) or (2), the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 940.225 (1) or (2) within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person.

SB55-SSA1-CA1,977,12 (c) If before the time limitation under sub. (2) (c) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 948.02 (1) or (2) or 948.025, the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 948.02 (1) or (2) or 948.025 within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person.".

SB55-SSA1-CA1,977,13 1532. Page 1236, line 12: after that line insert:

SB55-SSA1-CA1,977,14 " Section 3938r. 942.06 (2m) (b) of the statutes is amended to read:

SB55-SSA1-CA1,977,17 942.06 (2m) (b) An employee or agent of the department of health and family services who conducts a lie detector test of a person under the rules promulgated under s. 51.375.

SB55-SSA1-CA1, s. 3938s Section 3938s. 942.06 (2q) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,977,22 942.06 (2q) (b) (intro.) An employee or agent of the department of health and family services who discloses, to any of the following, the fact that a person has had a lie detector test under the rules promulgated under s. 51.375 or the results of such a lie detector test:

SB55-SSA1-CA1, s. 3938t Section 3938t. 942.06 (2q) (b) 1. of the statutes is amended to read:

SB55-SSA1-CA1,978,3 942.06 (2q) (b) 1. Another employee or agent of the department of health and family services or another person to whom disclosure is permitted under s. 51.375 (2) (b).".

SB55-SSA1-CA1,978,4 1533. Page 1236, line 12: after that line insert:

SB55-SSA1-CA1,978,5 " Section 3938s. 940.295 (2) (j) of the statutes is amended to read:

SB55-SSA1-CA1,978,8 940.295 (2) (j) The Wisconsin School Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525.".

SB55-SSA1-CA1,978,9 1534. Page 1236, line 17: after that line insert:

SB55-SSA1-CA1,978,10 " Section 3938up. 943.01 (2d) of the statutes is created to read:

SB55-SSA1-CA1,978,14 943.01 (2d) (a) In this subsection, "plant research and development" means research regarding plants or development of plants, if the research or development is undertaken in conjunction or coordination with the state, a federal or local government agency, a university, or a private research facility.