AB745: Bill Text

LRB-4271/2

GMM:rs&cjs:pg

2001 - 2002 LEGISLATURE

2001 Assembly BILL 745

January 28, 2002 - Introduced by Representatives Leibham, Kestell, Owens, Pettis, Gronemus, Musser, Duff, Hahn, Starzyk, Gunderson, McCormick, Ladwig, Albers, Urban, Hines, Plale, Seratti, M. Lehman, Vrakas, Ryba, Jeskewitz, J. Fitzgerald, Nass, Ott and Townsend, cosponsored by Senators Roessler, Rosenzweig, Welch and Huelsman. Referred to Committee on Children and Families.

AB745,1,6 An Act to amend 46.03 (18) (am) and 938.295 (2) (a); and to create 301.03 (18) (am) and 938.295 (2) (c) of the statutes; relating to: liability of a parent or guardian for the cost of an examination ordered to determine the competency to proceed of a juvenile who is alleged to have committed a delinquent act or to determine whether a juvenile is not responsible for a delinquent act by reason of mental disease or defect.

Analysis by the Legislative Reference Bureau

Under current law, if there is probable cause to believe that a juvenile has committed a delinquent act and if there is reason to doubt the juvenile's competency to proceed, or if a juvenile enters a plea that the juvenile is not responsible for an alleged delinquent act by reason of mental disease or defect, the court assigned to exercise jurisdiction under the juvenile justice code (juvenile court) must order the juvenile to be examined by a psychiatrist or psychologist, who must render an opinion as to the juvenile's mental capacity to understand the proceedings and to assist in his or her defense or as to whether at the time of the act the juvenile lacked the capacity to appreciate the wrongfulness of his or her conduct or to conform that conduct to the requirements of the law. Current law requires the county of the juvenile court to pay the cost of the examination. This bill permits a county that pays the cost of such an examination to recover from the juvenile's parent or guardian, based on the ability to pay of the parent or guardian, a reasonable contribution toward that cost.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB745, s. 1 Section 1. 46.03 (18) (am) of the statutes is amended to read:

AB745,2,6 46.03 (18) (am) Paragraph (a) does not prevent the department from charging and collecting the cost of adoptive placement investigations and child care as authorized under s. 48.837 (7). Paragraph (a) also does not prevent a county department under s. 51.42 or 51.437 from charging and collecting the cost of an examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).

AB745, s. 2 Section 2. 301.03 (18) (am) of the statutes is created to read:

AB745,2,10 301.03 (18) (am) Paragraph (a) does not prevent a county department under s. 46.215, 46.22, or 46.23 from charging and collecting the cost of an examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).

AB745, s. 3 Section 3. 938.295 (2) (a) of the statutes is amended to read:

AB745,3,2 938.295 (2) (a) If there is probable cause to believe that the juvenile has committed the alleged offense and if there is reason to doubt the juvenile's competency to proceed, or upon entry of a plea under s. 938.30 (4) (c) the court shall order the juvenile to be examined by a psychiatrist or licensed psychologist. The expenses of an cost of the examination, if approved by the court, shall be paid by the county of the court ordering the examination, and the county may recover that cost from the juvenile's parent or guardian as provided in par. (c). Evaluation shall be made on an outpatient basis unless the juvenile presents a substantial risk of physical harm to the juvenile or others; or the juvenile, parent, or guardian, and legal counsel or guardian ad litem, consent to an inpatient evaluation. Any inpatient evaluation shall be for a specified period that is no longer than is necessary to complete the evaluation.

AB745, s. 4 Section 4. 938.295 (2) (c) of the statutes is created to read:

AB745,3,11 938.295 (2) (c) A county that pays the cost of an examination under par. (a) may recover a reasonable contribution toward that cost from the juvenile's parent or guardian, based on the ability of the parent or guardian to pay. If the examination is provided or otherwise funded by the county department under s. 46.215, 46.22, or 46.23, the county department shall collect the contribution of the parent or guardian as provided in s. 301.03 (18). If the examination is provided or otherwise funded by the county department under s. 51.42 or 51.437, the county department shall collect the contribution of the parent or guardian as provided in s. 46.03 (18).

AB745, s. 5 Section 5. Initial applicability.

AB745,3,15 (1) Liability of parent or guardian for juvenile competency or mental defect examinations. This act first applies to examinations ordered under section 938.295 (2) (a) of the statutes on the effective date of this subsection.

AB745,3,16 (End)