AB354,113,720
938.21
(1) (a) If a juvenile who has been taken into custody is not released
21under s. 938.20, a hearing to determine whether the juvenile shall continue to be held
22in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the
23judge or
juvenile a circuit court commissioner within 24 hours after the end of the
24day that the decision to hold the juvenile was made, excluding Saturdays, Sundays
25and legal holidays. By the time of the hearing a petition under s. 938.25 shall be filed,
1except that no petition need be filed where a juvenile is taken into custody under s.
2938.19 (1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state,
3in which case a written statement of the reasons for holding a juvenile in custody
4shall be substituted if the petition is not filed. If no hearing has been held within 24
5hours or if no petition or statement has been filed at the time of the hearing, the
6juvenile shall be released except as provided in par. (b). A parent not present at the
7hearing shall be granted a rehearing upon request.
AB354, s. 327
8Section
327. 938.21 (1) (b) of the statutes is amended to read:
AB354,113,209
938.21
(1) (b) If no petition has been filed by the time of the hearing, a juvenile
10may be held in custody with the approval of the judge or
juvenile circuit court
11commissioner for an additional 48 hours from the time of the hearing only if, as a
12result of the facts brought forth at the hearing, the judge or
juvenile circuit court
13commissioner determines that probable cause exists to believe that the juvenile is
14an imminent danger to himself or herself or to others, or that probable cause exists
15to believe that the parent, guardian or legal custodian of the juvenile or other
16responsible adult is neglecting, refusing, unable or unavailable to provide adequate
17supervision and care. The extension may be granted only once for any petition. In
18the event of failure to file a petition within the 48-hour extension period provided
19for in this paragraph, the judge or
juvenile circuit court commissioner shall order the
20juvenile's immediate release from custody.
AB354, s. 328
21Section
328. 938.21 (2) (c) of the statutes is amended to read:
AB354,114,422
938.21
(2) (c) Prior to the commencement of the hearing, the juvenile shall be
23informed by the judge or
juvenile circuit court commissioner of the allegations that
24have been or may be made, the nature and possible consequences of this hearing as
25compared to possible future hearings, the provisions of s. 938.18 if applicable, the
1right to counsel under s. 938.23 regardless of ability to pay if the juvenile is not yet
2represented by counsel, the right to remain silent, the fact that the silence may not
3be adversely considered by the judge or
juvenile
circuit court commissioner, the right
4to confront and cross-examine witnesses and the right to present witnesses.
AB354, s. 329
5Section
329. 938.21 (4) (intro.) of the statutes is amended to read:
AB354,114,86
938.21
(4) (intro.) If the judge or
juvenile circuit court commissioner finds that
7the juvenile should be continued in custody under the criteria of s. 938.205, he or she
8shall enter one of the following orders:
AB354, s. 330
9Section
330. 938.21 (4m) of the statutes is amended to read:
AB354,114,1210
938.21
(4m) Electronic monitoring. The judge or
juvenile circuit court
11commissioner may include in an order under sub. (4) (a) or (b) a condition that the
12juvenile be monitored by an electronic monitoring system.
AB354, s. 331
13Section
331. 938.21 (7) of the statutes is amended to read:
AB354,114,1814
938.21
(7) Deferred prosecution. If the judge or
juvenile circuit court
15commissioner determines that the best interests of the juvenile and the public are
16served, he or she may enter a consent decree under s. 938.32 or order the petition
17dismissed and refer the matter to the intake worker for deferred prosecution in
18accordance with s. 938.245.
AB354, s. 332
19Section
332. 938.30 (9) of the statutes is amended to read:
AB354,114,2320
938.30
(9) If a
circuit court commissioner conducts the plea hearing and accepts
21an admission of the alleged facts in a petition brought under s. 938.12 or 938.13, the
22judge shall review the admission at the beginning of the dispositional hearing by
23addressing the parties and making the inquires set forth in sub. (8).
AB354, s. 333
24Section
333. 938.32 (1) (a) of the statutes is amended to read:
AB354,115,12
1938.32
(1) (a) At any time after the filing of a petition for a proceeding relating
2to s. 938.12 or 938.13 and before the entry of judgment, the judge or
juvenile circuit 3court commissioner may suspend the proceedings and place the juvenile under
4supervision in the juvenile's own home or present placement. The court may
5establish terms and conditions applicable to the parent, guardian or legal custodian,
6and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m),
7(1t), (1v) and (1x). The order under this section shall be known as a consent decree
8and must be agreed to by the juvenile; the parent, guardian or legal custodian; and
9the person filing the petition under s. 938.25. If the consent decree includes any
10conditions specified in sub. (1g), the consent decree shall include provisions for
11payment of the services as specified in s. 938.361. The consent decree shall be
12reduced to writing and given to the parties.
AB354, s. 334
13Section
334. 938.32 (1d) of the statutes is amended to read:
AB354,115,2414
938.32
(1d) If the petition alleges that the juvenile has committed an act that
15would constitute a misdemeanor if committed by an adult, if the chief judge of the
16judicial administrative district has approved under s. 973.11 (2) a volunteers in
17probation program established in the juvenile's county of residence and if the judge
18or
juvenile circuit court commissioner determines that volunteer supervision under
19that volunteers in probation program will likely benefit the juvenile and the
20community, the judge or
juvenile circuit court commissioner may establish as a
21condition under sub. (1) that the juvenile be placed with that volunteers in probation
22program under such conditions as the judge or
juvenile
circuit court commissioner
23determines are reasonable and appropriate. These conditions may include, but need
24not be limited to, any of the following:
AB354,116,3
1(a) A directive to a volunteer to provide for the juvenile a role model, informal
2counseling, general monitoring and monitoring of the conditions established by the
3judge or
juvenile circuit court commissioner, or any combination of these functions.
AB354,116,54
(b) Any other conditions that the judge or
juvenile
circuit court commissioner
5may establish under this section.
AB354, s. 335
6Section
335. 938.32 (1g) (intro.) of the statutes is amended to read:
AB354,116,127
938.32
(1g) (intro.) If the petition alleges that the juvenile committed a
8violation specified under ch. 961 and if the multidisciplinary screen conducted under
9s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related
10to the use of alcohol beverages, controlled substances or controlled substance analogs
11and its medical, personal, family and social effects, the judge or
juvenile circuit court
12commissioner may establish as a condition under sub. (1) any of the following:
AB354, s. 336
13Section
336. 938.32 (1m) (intro.) and (a) of the statutes are amended to read:
AB354,116,1614
938.32
(1m) (intro.) The judge or
juvenile circuit court commissioner may
15establish as a condition under sub. (1) that the juvenile be placed in a teen court
16program if all of the following conditions apply:
AB354,116,2017
(a) The chief judge of the judicial administrative district has approved a teen
18court program established in the juvenile's county of residence and the judge or
19juvenile circuit court commissioner determines that participation in the teen court
20program will likely benefit the juvenile and the community.
AB354, s. 337
21Section
337. 938.32 (1t) (a) 1. of the statutes is amended to read:
AB354,117,1422
938.32
(1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile
23committed a delinquent act that has resulted in damage to the property of another,
24or in actual physical injury to another excluding pain and suffering, the judge or
25juvenile circuit court commissioner may require the juvenile as a condition of the
1consent decree, to repair the damage to property or to make reasonable restitution
2for the damage or injury, either in the form of cash payments or, if the victim agrees,
3the performance of services for the victim, or both, if the judge or
juvenile circuit court
4commissioner, after taking into consideration the well-being and needs of the victim,
5considers it beneficial to the well-being and behavior of the juvenile. Any consent
6decree that includes a condition of restitution by a juvenile shall include a finding
7that the juvenile alone is financially able to pay or physically able to perform the
8services, may allow up to the date of the expiration of the consent decree for the
9payment or for the completion of the services and may include a schedule for the
10performance and completion of the services. Objection by the juvenile to the amount
11of damages claimed shall entitle the juvenile to a hearing on the question of damages
12before the amount of restitution is made part of the consent decree. Any recovery
13under this subdivision shall be reduced by the amount recovered as restitution for
14the same act under subd. 1m.
AB354, s. 338
15Section
338. 938.32 (1t) (a) 1m. of the statutes is amended to read:
AB354,118,716
938.32
(1t) (a) 1m. If the petition alleges that the juvenile has committed a
17delinquent act that has resulted in damage to the property of another, or in actual
18physical injury to another excluding pain and suffering, the judge or
juvenile circuit 19court commissioner may require a parent who has custody, as defined in s. 895.035
20(1), of the juvenile, as a condition of the consent decree, to make reasonable
21restitution for the damage or injury. Except for recovery for retail theft under s.
22943.51, the maximum amount of any restitution ordered under this subdivision for
23damage or injury resulting from any one act of a juvenile or from the same act
24committed by 2 or more juveniles in the custody of the same parent may not exceed
25the amount specified in s. 799.01 (1) (d). Any consent decree that includes a condition
1of restitution by a parent who has custody of the juvenile shall include a finding that
2the parent who has custody of the juvenile is financially able to pay the amount
3ordered and may allow up to the date of the expiration of the consent decree for the
4payment. Objection by the parent to the amount of damages claimed shall entitle the
5parent to a hearing on the question of damages before the amount of restitution is
6made part of the consent decree. Any recovery under this subdivision shall be
7reduced by the amount recovered as restitution for the same act under subd. 1.
AB354, s. 339
8Section
339. 938.32 (1t) (a) 3. of the statutes is amended to read:
AB354,118,129
938.32
(1t) (a) 3. Under this paragraph, a judge or
juvenile circuit court
10commissioner may not order a juvenile who is under 14 years of age to make more
11than $250 in restitution or to perform more than 40 total hours of services for the
12victim as restitution.
AB354, s. 340
13Section
340. 938.32 (1v) of the statutes is amended to read:
AB354,118,1714
938.32
(1v) If the petition alleges that the juvenile is in need of protection or
15services under s. 938.13 (6), the judge or
juvenile
circuit court commissioner may
16establish as a condition under sub. (1) that the juvenile's parent, guardian or legal
17custodian attend school with the juvenile.
AB354, s. 341
18Section
341. 938.32 (1x) of the statutes is amended to read:
AB354,119,219
938.32
(1x) If the petition alleges that the juvenile violated s. 943.017 and the
20juvenile has attained the minimum age at which a juvenile may be adjudicated
21delinquent, the judge or
juvenile circuit court commissioner may require, as a
22condition of the consent decree, that the juvenile participate for not less than 10
23hours nor more than 100 hours in a supervised work program under s. 938.34 (5g)
24or perform not less than 10 hours nor more than 100 hours of other community
1service work, except that if the juvenile has not attained 14 years of age the
2maximum number of hours is 40.
AB354, s. 342
3Section
342. 938.32 (2) (a) of the statutes is amended to read:
AB354,119,64
938.32
(2) (a) A consent decree shall remain in effect for up to one year unless
5the juvenile, parent, guardian or legal custodian is discharged sooner by the judge
6or
juvenile circuit court commissioner.
AB354, s. 343
7Section
343. 938.32 (6) of the statutes is amended to read:
AB354,119,128
938.32
(6) The judge or
juvenile
circuit court commissioner shall inform the
9juvenile and the juvenile's parent, guardian or legal custodian, in writing, of the
10juvenile's right to object to the continuation of the consent decree under sub. (3) and
11of the fact that the hearing under which the juvenile was placed on supervision may
12be continued to conclusion as if the consent decree had never been entered.
AB354, s. 344
13Section
344. 940.203 (1) (b) of the statutes is amended to read:
AB354,119,1714
940.203
(1) (b) "Judge" means a supreme court justice, court of appeals judge,
15circuit court judge, municipal judge, temporary or permanent reserve
, judge or
16juvenile, probate, family or other circuit, supplemental, or municipal court
17commissioner.
AB354, s. 345
18Section
345. 943.013 (1) (b) of the statutes is amended to read:
AB354,119,2219
943.013
(1) (b) "Judge" means a supreme court justice, court of appeals judge,
20circuit court judge, municipal judge, temporary or permanent reserve judge
, or
21juvenile, probate, family or other circuit, supplemental, or municipal court
22commissioner.
AB354, s. 346
23Section
346. 946.495 of the statutes is amended to read:
AB354,120,6
24946.495 Violation of nonsecure custody order. If a person has been placed
25in nonsecure custody by an intake worker under s. 938.207 or by a judge or
juvenile
1circuit court commissioner under s. 938.21 (4) and the person is alleged to be
2delinquent under s. 938.12, alleged to be in need of protection or services under s.
3938.13 (12) or has been taken into custody for committing an act that is a violation
4of a state or federal criminal law, the person is guilty of a Class A misdemeanor if he
5or she intentionally fails to comply with the conditions of his or her placement in
6nonsecure custody.
AB354, s. 347
7Section
347. 967.07 of the statutes is amended to read:
AB354,120,10
8967.07 Court Circuit court commissioners. A
circuit court commissioner
9may exercise powers or perform duties specified for a judge if such action is permitted
10under s. 757.69.
AB354, s. 348
11Section
348. 971.20 (3) (a) of the statutes is amended to read:
AB354,120,1312
971.20
(3) (a) In this subsection, "judge" includes a
circuit court commissioner
13who is assigned to conduct the preliminary examination.
AB354, s. 349
14Section
349. 973.20 (13) (c) 4. of the statutes is amended to read:
AB354,120,2315
973.20
(13) (c) 4. Refer the disputed restitution issues to a
circuit court
16commissioner or other appropriate referee, who shall conduct a hearing on the
17matter and submit the record thereof, together with proposed findings of fact and
18conclusions of law, to the court within 60 days of the date of referral. Within 30 days
19after the referee's report is filed, the court shall determine the amount of restitution
20on the basis of the record submitted by the referee and incorporate it into the
21sentence or probation order imposed. The judge may direct that hearings under this
22subdivision be recorded either by audio recorder or by a court reporter. A transcript
23is not required unless ordered by the judge.
AB354, s. 350
24Section
350. 977.05 (6) (b) 2. of the statutes is amended to read:
AB354,121,3
1977.05
(6) (b) 2. The judge or
family circuit court commissioner before whom
2the proceedings shall be held certifies to the state public defender that the person will
3not be incarcerated if he or she is found in contempt of court.
AB354, s. 351
4Section
351. 979.05 (1) of the statutes is amended to read:
AB354,121,65
979.05
(1) An inquest shall be conducted by a circuit judge or a
circuit court
6commissioner.
AB354, s. 352
7Section
352. 979.05 (2) of the statutes is repealed and recreated to read:
AB354,121,258
979.05
(2) The inquest shall be conducted before a jury unless the district
9attorney, coroner, or medical examiner requests that the inquest be conducted before
10the judge or circuit court commissioner only. If the inquest is to be conducted before
11a jury, a sufficient number of names of prospective jurors shall be selected from the
12prospective juror list for the county in which the inquest is to be held by the clerk of
13circuit court in the manner provided in s. 756.06. The judge or circuit court
14commissioner conducting the inquest shall summon the prospective jurors to appear
15before the judge or circuit court commissioner at the time fixed in the summons. The
16summons may be served by mail, or by personal service if the judge, circuit court
17commissioner, or district attorney determines personal service to be appropriate.
18The summons shall be in the form used to summon petit jurors in the circuit courts
19of the county. Any person who fails to appear when summoned as an inquest juror
20is subject to a forfeiture of not more than $40. The inquest jury shall consist of 6
21jurors. If 6 jurors do not remain from the number originally summoned after
22establishment of qualifications, the judge or circuit court commissioner conducting
23the inquest may require the clerk of the circuit court to select sufficient additional
24jurors' names. Those persons shall be summoned forthwith by the sheriff of the
25county.
AB354, s. 353
1Section
353. 979.05 (3) of the statutes is amended to read:
AB354,122,152
979.05
(3) The judge or
circuit court commissioner shall examine on oath or
3affirmation each person who is called as a juror to discover whether the juror is
4related by blood, marriage or adoption to the decedent, any member of the decedent's
5family, the district attorney, any other attorney appearing in the case or any
6members of the office of the district attorney or of the office of any other attorney
7appearing in the case, has expressed or formed any opinion regarding the matters
8being inquired into in the inquest or is aware of or has any bias or prejudice
9concerning the matters being inquired into in the inquest. If any prospective juror
10is found to be not indifferent or is found to have formed an opinion which cannot be
11laid aside, that juror shall be excused. The judge or
court circuit commissioner may
12select one or more alternate jurors if the inquest is likely to be protracted. This
13subsection does not limit the right of the district attorney to supplement the judge's
14or
court circuit commissioner's examination of any prospective jurors as to
15qualifications.
AB354, s. 354
16Section
354. 979.05 (4) of the statutes is amended to read:
AB354,122,1917
979.05
(4) When 6 jurors have been selected, the judge or
circuit court
18commissioner shall administer to them an oath or affirmation which shall be
19substantially in the following form:
AB354,122,2520
You do solemnly swear (affirm) that you will diligently inquire and determine
21on behalf of this state when, and in what manner and by what means, the person
22known as .... .... who is now dead came to his or her death and that you will return
23a true verdict thereon according to your knowledge, according to the evidence
24presented and according to the instructions given to you by the .... (judge) (
circuit 25court commissioner).
AB354, s. 355
1Section
355. 979.05 (5) of the statutes is amended to read:
AB354,123,82
979.05
(5) Prior to the submission of evidence to the jury, the judge or
circuit 3court commissioner may instruct the jury on its duties and on the substantive law
4regarding the issues which may be inquired into before the jury. The district attorney
5may, at any time during the course of the inquest, make statements to the jury
6relating to procedural or evidentiary matters he or she and the judge or
circuit court
7commissioner deem appropriate. Section 972.12 applies to the conduct of the inquest
8jury.
AB354, s. 356
9Section
356. 979.05 (6) of the statutes is amended to read:
AB354,123,1110
979.05
(6) The judge or
circuit court commissioner conducting the inquest may
11order that proceedings be secret if the district attorney so requests or concurs.
AB354, s. 357
12Section
357. 979.06 (1) of the statutes is amended to read:
AB354,123,1813
979.06
(1) The judge or
circuit court commissioner may issue subpoenas for
14witnesses at the request of the coroner or medical examiner and shall issue
15subpoenas for witnesses requested by the district attorney. Subpoenas are
16returnable at the time and place stated therein. Persons who are served with a
17subpoena may be compelled to attend proceedings in the manner provided in s.
18885.12.
AB354, s. 358
19Section
358. 979.06 (2) of the statutes is amended to read:
AB354,124,220
979.06
(2) The judge or
circuit court commissioner conducting the inquest and
21the district attorney may require by subpoena the attendance of one or more expert
22witnesses, including physicians, surgeons and pathologists, for the purposes of
23conducting an examination of the body and all relevant and material scientific and
24medical tests connected with the examination and testifying as to the results of the
25examination and tests. The expert witnesses so subpoenaed shall receive reasonable
1fees determined by the district attorney and the judge or
circuit court commissioner
2conducting the inquest.
AB354, s. 359
3Section
359. 979.06 (3) of the statutes is amended to read:
AB354,124,74
979.06
(3) Any witness examined at an inquest may have counsel present
5during the examination of that witness. The counsel may not examine or
6cross-examine his or her client, cross-examine or call other witnesses or argue
7before the judge or
circuit court commissioner holding the inquest.
AB354, s. 360
8Section
360. 979.06 (4) (intro.) of the statutes is amended to read:
AB354,124,119
979.06
(4) (intro.) The judge or
circuit court commissioner shall administer an
10oath or affirmation to each witness which shall be substantially in the following
11form:
AB354, s. 361
12Section
361. 979.06 (5) of the statutes is amended to read:
AB354,124,1813
979.06
(5) The judge or
circuit court commissioner conducting the inquest shall
14cause the testimony given by all witnesses to be reduced to writing or recorded and
15may employ stenographers to take and transcribe all of the testimony. The
16stenographer shall receive reimbursement at a reasonable rate for each appearance
17and transcription at rates in accordance with the customary charges in the area for
18similar services.
AB354, s. 362
19Section
362. 979.08 (1) of the statutes is amended to read:
AB354,125,320
979.08
(1) When the evidence is concluded and the testimony closed, the judge
21or
circuit court commissioner shall instruct the jury on its duties and on the
22substantive law regarding the issues inquired into before the jury. The district
23attorney shall prepare a written set of appropriate requested instructions and shall
24submit them to the judge or
circuit court commissioner who, together with the
25district attorney, shall compile the final set of instructions which shall be given. The
1instructions shall include those criminal offenses for which the judge or
circuit court
2commissioner believes a reasonable jury might return a verdict based upon a finding
3of probable cause.
AB354, s. 363
4Section
363. 979.08 (3) (intro.) of the statutes is amended to read:
AB354,125,105
979.08
(3) (intro.) The jury shall retire to consider its verdict after hearing all
6of the testimony and evidence, making all necessary inquiries and having been
7instructed in the law. The judge or
circuit court commissioner shall provide the jury
8with one complete set of written instructions providing the substantive law to be
9applied to the issues to be decided. The verdict shall be in a form which permits the
10following findings:
AB354, s. 364
11Section
364. 979.08 (6) of the statutes is amended to read:
AB354,125,1612
979.08
(6) Any verdict so rendered, after being validated and signed by the
13judge or
circuit court commissioner, together with the record of the inquest, shall be
14delivered to the district attorney for consideration. After considering the verdict and
15record, the district attorney may deliver the entire inquest record or any part thereof
16to the coroner or medical examiner for safekeeping.
AB354, s. 365
17Section
365. 979.08 (7) of the statutes is amended to read:
AB354,125,2018
979.08
(7) The record of a secret inquest proceeding shall not be open for
19inspection unless so ordered by the judge or
circuit court commissioner conducting
20the inquest upon petition by the district attorney.
AB354, s. 366
21Section
366. 979.09 of the statutes is amended to read:
AB354,126,5
22979.09 Burial of body. If any judge or
circuit court commissioner conducts
23an inquest as to the death of a stranger or of a person whose identity is unknown or
24whose body is unclaimed or if the district attorney determines that no inquest into
25the death of such a person is necessary and the circuit judge has not ordered an
1inquest under s. 979.04 (2), the coroner or medical examiner shall cause the body to
2be decently buried or cremated and shall certify to all the charges incurred in taking
3any inquest by him or her and to the expenses of burial or cremation of the dead body.
4The charges and expenses shall be audited by the county board of the proper county
5and paid out of the county treasury.
AB354,126,87
(1) This act first applies to actions commenced on the effective date of this
8subsection.
AB354,126,1110
(1)
This act takes effect on the first day of the 2nd month beginning after
11publication.