2005 Wisconsin Act 344

(4) (title) Qualifications of disposition staff.

344,129 Section 129. 938.07 (2) and (3) of the statutes are amended to read:

938.07 (2) Licensed child welfare agency. The court may request the services of a child welfare agency licensed under s. 48.60 in accordance with procedures established by that agency. The child welfare agency shall receive no compensation for these services but may be reimbursed out of funds made available to the court for the actual and necessary expenses incurred in the performance of duties for the court.

(3) County department in populous counties. In counties having a population of 500,000 or more, the court may order the director of the county department may be ordered by the court to provide services for furnishing emergency shelter care services to any juvenile whose need therefor for the services, either by reason of need of protection and services or delinquency, is determined by the intake worker under s. 938.205. The court may authorize the director to appoint members of the county department to furnish emergency shelter care services for the juvenile. The emergency shelter care may be provided as specified in under s. 938.207.

344,130 Section 130. 938.08 (1) and (2) of the statutes are amended to read:

938.08 (1) Investigations; reports. It is the duty of each A person appointed to furnish services to the court as provided in under ss. 938.06 and 938.07 to shall make such any investigations and exercise such any discretionary powers as that the judge court may direct, to keep a written record of such the investigations, and to submit a report to the judge court. The person shall keep informed concerning the conduct and condition of the juvenile under the person's supervision and shall report thereon on the conduct and condition as the judge court directs.

(2) Power to take juvenile into custody; limits. Except as provided in sub. (3) and ss. 938.355 (6d) and 938.534 (1), any a person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily or, is suffering from illness or injury, or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

344,131 Section 131. 938.08 (3) of the statutes is amended to read:

938.08 (3) Conditions for certain other persons to take juvenile into custody. (a) In addition to the law enforcement authority specified in under sub. (2), department personnel designated by the department, personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the agency and the department, and personnel of a county contracted with under s. 301.08 (1) (b) 4. and designated by agreement between the county and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

1. If they are in prompt pursuit of a juvenile who has run away from a secured juvenile correctional facility, or a residential care center for children and youth, or a secured group home.

2. If the juvenile has failed to return to a secured juvenile correctional facility, or a residential care center for children and youth, or a secured group home after any authorized absence.

(b) A juvenile who is taken into custody under par. (a) may be returned directly to the secured juvenile correctional facility, or residential care center for children and youth, or secured group home and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

Note: Deletes the reference to "disciplinary cottage" in s. 938.08 (3) (b), stats., because it is an outdated concept.

344,132 Section 132. 938.09 (1) to (6) of the statutes are amended to read:

938.09 (1) Delinquency. By the district attorney, in any matter arising under s. 938.12.

(2) Civil law violation. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

(3) Municipal ordinance violation. By the city, village, or town attorney, in any matter concerning a city, village, or town ordinance violation, respectively, arising under s. 938.125.

(4) County ordinance violation. By any an appropriate person designated by the county board of supervisors in any matter concerning a noncity county ordinance violation arising under s. 938.125.

(5) Juvenile in need of protection or services. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

(6) Interstate compact . By any an appropriate person designated by the county board of supervisors in any matter arising under s. 938.14.

344,133 Section 133. 938.10 of the statutes is amended to read:

938.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but except that if a request to file a petition is made, a citation is issued, or a deferred prosecution agreement is entered into, the judge shall be is disqualified from participating further in the proceedings.

344,134 Section 134. 938.12 of the statutes is amended to read:

938.12 Jurisdiction over juveniles alleged to be delinquent. (1) In general. The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18, and 938.183, over any juvenile 10 years of age or over older who is alleged to be delinquent.

(2) Seventeen-year olds. If a court proceeding has been commenced under this section before a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

Note: Clarifies, in s. 938.12 (2), stats., that a delinquency proceeding is commenced when a delinquency petition is filed. [D.W.B. v. State, 158 Wis. 2d 398, 401, 462 N.W.2d 520, 521 (1990).]

344,135 Section 135. 938.125 (intro.) and (2) of the statutes are amended to read:

938.125 Jurisdiction over juveniles alleged to have violated civil laws or ordinances. (intro.) The court has exclusive jurisdiction over any a juvenile alleged to have violated a law punishable by forfeiture or a county, town, or other municipal ordinance, except as follows:

(2) That the The court has exclusive jurisdiction over any a juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed as provided in s. 118.16 (5m).

344,136 Section 136. 938.13 of the statutes is amended to read:

938.13 Jurisdiction over juveniles alleged to be in need of protection or services. The court has exclusive original jurisdiction over a juvenile alleged to be in need of protection or services which can be ordered by the court, and if any of the following conditions applies:

(4) Uncontrollable. Whose The juvenile's parent or guardian signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to control the juvenile.

(6) Habitually truant from school. Who Except as provided under s. 938.17 (2), the juvenile is habitually truant from school, if and evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed as provided in s. 118.16 (5m), except as provided under s. 938.17 (2).

(6m) School dropout. Who The juvenile is a school dropout, as defined in s. 118.153 (1) (b).

(7) Habitually truant from home. Who The juvenile is habitually truant from home and either the juvenile or, a parent, or guardian, or a relative in whose home the juvenile resides signs the petition requesting jurisdiction and attests in court that reconciliation efforts have been attempted and have failed.

(12) Delinquent act before age 10. Who, being The juvenile is under 10 years of age, and has committed a delinquent act as defined in s. 938.12.

(14) Not responsible or not competent. Who The juvenile has been determined, under s. 938.30 (5) (c), to be not responsible for a delinquent act by reason of mental disease or defect or who has been determined, under s. 938.30 (5) (d), to be not competent to proceed.

344,137 Section 137. 938.135 of the statutes is amended to read:

938.135 Referral of juveniles to proceedings under ch. 51 or 55. (1) Juvenile with developmental disability, mental illness, or alcohol or drug dependency. If a juvenile alleged to be delinquent or in need of protection or services is before the court and it appears that the juvenile is developmentally disabled, mentally ill or to have a developmental disability or mental illness or to be drug dependent or suffers suffering from alcoholism, the court may proceed under ch. 51 or 55.

(2) Admissions, placements, and commitments to inpatient facilities. Any voluntary or involuntary admissions, placements, or commitments of a juvenile made in or to an inpatient facility, as defined in s. 51.01 (10), other than a commitment under s. 938.34 (6) (am) shall be, are governed by ch. 51 or 55.

344,138 Section 138. 938.15 of the statutes is amended to read:

938.15 Jurisdiction of other courts to determine legal custody. Nothing contained in s. 938.12, 938.13 or 938.14 this chapter deprives other courts another court of the right to determine the legal custody of juveniles a juvenile by habeas corpus or to determine the legal custody or guardianship of juveniles a juvenile if the legal custody or guardianship is incidental to the determination of causes an action pending in the other courts that court. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 48 is paramount in all cases involving juveniles alleged to come within the provisions of ss. 938.12 to 938.14.

344,139 Section 139. 938.17 (title) and (1) (intro.) and (c) of the statutes are amended to read:

938.17 (title) Jurisdiction over traffic, boating, snowmobile, and all-terrain vehicle violations and over civil law and ordinance violations. (1) Traffic, boating, snowmobile and all-terrain vehicle violations. (intro.) Except for violations of ss. 342.06 (2) and 344.48 (1), and violations of ss. 30.67 (1) and 346.67 (1) when death or injury occurs, courts of criminal and civil jurisdiction shall have exclusive jurisdiction in proceedings against juveniles 16 years of age or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341 to 351, and of traffic regulations, as defined in s. 345.20 , and nonmoving traffic violations, as defined in s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile, or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the juvenile may be held in secure custody only in a secure juvenile detention facility. A juvenile convicted of a traffic, boating, snowmobile, or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except as follows:

(c) If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more of the dispositions provided in under s. 938.34, including placement of the juvenile in a secured juvenile correctional facility , a secured child caring institution or a secured group home under s. 938.34 (4m) residential care center for children and youth, if appropriate.

344,140 Section 140. 938.17 (2) (a) (title) of the statutes is created to read:

938.17 (2) (a) (title) Concurrent municipal and juvenile court jurisdiction; ordinance violations.

344,141 Section 141. 938.17 (2) (a) 2. d. and 3. of the statutes are amended to read:

938.17 (2) (a) 2. d. If the municipality specified under subd. 2. b. or c. has not adopted an ordinance under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1. is the municipal court that is located in the municipality where the juvenile resides, if that municipality has adopted an ordinance under s. 118.163.

3. When a juvenile is alleged to have violated a municipal ordinance, the juvenile one of the following may be occur:

a. Issued The juvenile may be issued a citation directing the juvenile to appear in municipal court or make a deposit or stipulation and deposit in lieu of appearance; .

b. Issued The juvenile may be issued a citation directing the juvenile to appear in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237; or.

c. Referred The juvenile may be referred to intake for a determination whether a petition should be filed in the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to under s. 938.125.

344,142 Section 142. 938.17 (2) (b) to (cm) of the statutes are amended to read:

938.17 (2) (b) Juvenile court jurisdiction; civil law and ordinance violations. When a juvenile 12 years of age or older is alleged to have violated a civil law punishable by a forfeiture or where a juvenile is alleged to have violated a municipal ordinance but there is no municipal court in the municipality, the juvenile one of the following may be occur:

1. Issued The juvenile may be issued a citation directing the juvenile to appear in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237; or.

2. Referred The juvenile may be referred to intake for a determination whether a petition under s. 938.125 should be filed in the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to s. 938.125.

(c) Citation procedures. The citation procedures described in ch. 800 shall govern proceedings involving juveniles in municipal court, except that this chapter shall govern governs the taking and holding of a juvenile in custody and par. (cg) shall govern governs the issuing of a summons to the juvenile's parent, guardian, or legal custodian. When a juvenile is before the court assigned to exercise jurisdiction under this chapter and ch. 48 upon a citation alleging that the juvenile to have violated a civil law or municipal ordinance, the procedures specified in s. 938.237 shall apply. If a citation is issued to a juvenile, the issuing agency shall notify the juvenile's parent, guardian, and legal custodian within 7 days. The agency issuing a citation to a juvenile who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2), or 961.575 (2) or an ordinance conforming to one of those statutes shall send a copy to an intake worker under s. 938.24 for informational purposes only.

(cg) Summons procedures. After a citation is issued, unless the juvenile and his or her parent, guardian, and legal custodian voluntarily appear, the municipal court may issue a summons requiring the parent, guardian and , or legal custodian of the juvenile to appear personally at any hearing involving the juvenile and, if the court so orders, to bring the juvenile before the court at a time and place stated. Section 938.273 shall govern governs the service of a summons under this paragraph, except that the expense of service or publication of a summons and of the travelling expenses and fees as allowed in ch. 885 of a person summoned allowed in ch. 885 shall be a charge on the municipality of the court issuing the summons when approved by the court. If any person summoned under this paragraph fails without reasonable cause to appear, he or she may be proceeded against for contempt of court under s. 785.06. If a summons cannot be served or if the person served fails to obey the summons or if it appears to the court that the service will be ineffectual, a capias may be issued for the juvenile and for the parent, guardian and, or legal custodian.

(cm) Authorization for dispositions and sanctions. A city, village, or town may adopt an ordinance or bylaw specifying which of the dispositions under ss. 938.343 and 938.344 and sanctions under s. 938.355 (6) (d) and (6m) the municipal court of that city, village, or town is authorized to impose or to petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose. The use by the court of those dispositions and sanctions is subject to any ordinance or bylaw adopted under this paragraph.

344,143 Section 143. 938.17 (2) (d) (title) of the statutes is created to read:

938.17 (2) (d) (title) Disposition; ordinance violations generally.

344,144 Section 144. 938.17 (2) (d) of the statutes is renumbered 938.17 (2) (d) 1. and amended to read:

938.17 (2) (d) 1. If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2), or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years.

2. If a court suspends a license or privilege under this section subd. 1., the court shall immediately take possession of the applicable license and forward it to the department that 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 shall thereupon then return the license to the person.

344,145 Section 145. 938.17 (2) (e) (title), (f) (title) and (g) (title) of the statutes are created to read:

938.17 (2) (e) (title) Disposition; alcohol and drug ordinance violations.

(f) (title) Notice to victims.

(g) (title) Disposition; truancy or school dropout ordinance violations.

344,146 Section 146. 938.17 (2) (h) (title) of the statutes is created to read:

938.17 (2) (h) (title) Sanctions; dispositional order violations generally.

344,147 Section 147. 938.17 (2) (h) 1. and 2. of the statutes are amended to read:

938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6) (d) 2. to 5. that are authorized under par. (cm) except for monitoring by an electronic monitoring system or. The municipal court may also petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if authorized under par. (cm), . A sanction may be imposed under this subdivision only if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under par. (cm) 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.

2. A motion requesting the municipal court to impose or petition for a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the municipal attorney, or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding may not hold a hearing on the motion. Notice of the motion shall be given to the juvenile and the juvenile's parent, guardian, or legal custodian.

344,148 Section 148. 938.17 (2) (i) (title) of the statutes is created to read:

938.17 (2) (i) (title) Sanctions; truancy or school dropout dispositional order violations.

344,149 Section 149. 938.17 (2) (i) 1., 2m. and 3g. of the statutes are amended to read:

938.17 (2) (i) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (1m) violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (ag),. A sanction may be imposed under this subdivision only if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions 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.

2m. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (a) that are authorized under par. (cm) except for the sanction specified in s. 938.355 (6m) (a) 1g. or The municipal court may also petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6m) (a) 1g., if authorized under par. (cm), . A sanction may be imposed under this subdivision only if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6m) (a) that are authorized under par. (cm) 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.

3g. A motion requesting the municipal court to impose or petition for a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the municipal attorney, or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding may not hold a hearing on the motion. Notice of the motion shall be given to the juvenile and the juvenile's parent, guardian, or legal custodian.

344,150 Section 150. 938.18 (1) (a) of the statutes is renumbered 938.18 (1) and amended to read:

938.18 (1) Waiver of juvenile court jurisdiction; conditions for. Subject to s. 938.183, a juvenile or district attorney may apply to petition requesting the court to waive its jurisdiction under this chapter in may be filed if the juvenile meets any of the following situations conditions:

(a) If the The juvenile is alleged to have violated s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31, 943.10 (2), 943.32 (2), or 961.41 (1) on or after the juvenile's 14th birthday.

(b) If the The juvenile is alleged to have committed, on or after the juvenile's 14th birthday, a violation, on or after the juvenile's 14th birthday at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult.

(c) If the The juvenile is alleged to have violated any state criminal law on or after the juvenile's 15th birthday.

344,151 Section 151. 938.18 (1) (b) of the statutes is repealed.

344,152 Section 152. 938.18 (2) of the statutes is amended to read:

938.18 (2) Petition. The waiver hearing shall be brought on by filing a petition alleging delinquency drafted under s. 938.255 and a petition for waiver of jurisdiction which may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

Note: Creates a provision in s. 938.18 (2), stats., based on current s. 938.18 (1) (b), stats., which is repealed in this bill.