2005 Wisconsin Act 344

938.245 (2) (a) 9m. (title) `Youth report center.'

(b) (title) No out-of-home placement; term of agreement.

(c) (title) Alcohol or other drug abuse treatment; informed consent.

344,254 Section 254. 938.245 (2g) to (4) of the statutes are amended to read:

938.245 (2g) Graffiti violation. If the deferred prosecution agreement is based on an allegation that the juvenile violated s. 943.017 and the juvenile has attained the minimum age at which a juvenile may be adjudicated delinquent 10 years of age, the deferred prosecution agreement may require 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.

(2v) Habitual truancy violation. If the deferred prosecution agreement is based on an allegation that the juvenile has violated a municipal ordinance enacted under s. 118.163 (2), the deferred prosecution agreement may require that the juvenile's parent, guardian, or legal custodian attend school with the juvenile.

(3) Obligations in writing. The obligations imposed under a deferred prosecution agreement and its effective date shall be set forth in writing. The intake worker shall provide a copy of the agreement and order to the juvenile and a, to the juvenile's parent, guardian, and legal custodian shall receive a copy of the agreement and order, as shall, and to any agency providing services under the agreement.

(4) Right to terminate or object to agreement. The intake worker shall inform the juvenile and the juvenile's parent, guardian, and legal custodian in writing of their right to terminate the deferred prosecution agreement at any time or to object at any time to the fact or terms of the deferred prosecution agreement. If there is an objection arises, the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the deferred prosecution agreement is terminated the intake worker may request the district attorney or corporation counsel to file a petition.

344,255 Section 255. 938.245 (5) (title) of the statutes is created to read:

938.245 (5) (title) Termination upon request.

344,256 Section 256. 938.245 (6) to (9) of the statutes are amended to read:

938.245 (6) Termination if delinquency petition filed. A deferred prosecution agreement arising out of an alleged delinquent act is terminated if the district attorney files a delinquency petition within 20 days after receipt of notice of the deferred prosecution agreement under s. 938.24 (5). In such case If a petition is filed, statements made to the intake worker during the intake inquiry are inadmissible.

(7) Cancellation by intake worker. (a) If at any time during the period of a deferred prosecution agreement the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the deferred prosecution agreement. Within 10 days after the cancellation of the deferred prosecution agreement is cancelled, the intake worker shall notify the district attorney, corporation counsel, or other official under s. 938.09 of the cancellation and may request that a petition be filed. In delinquency cases, the district attorney may initiate a petition within 20 days after the date of the notice regardless of whether the intake worker has requested that a petition be filed. The judge court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any petition which that is not filed within the time limit specified in this subsection paragraph. Failure to object if a petition is not filed within the time limit specified in this subsection paragraph waives that time limit.

(b) In addition to the action taken under par. (a), if the intake worker cancels a deferred prosecution agreement based on a determination that the juvenile's parent, guardian, or legal custodian is not meeting the obligations imposed under the agreement, the intake worker shall request the district attorney, corporation counsel, or other official under s. 938.09 to file a petition requesting the court to order the juvenile's parent, guardian, or legal custodian to show good cause for not meeting the obligations imposed under the agreement. If the district attorney, corporation counsel or other official under s. 938.09 files. If a petition under this paragraph is filed and if the court finds prosecutive merit for the petition, the court shall grant an order directing the parent, guardian, or legal custodian to show good cause, at a time and place fixed by the court, for not meeting the obligations imposed under the agreement. If the parent, guardian or legal custodian does not show good cause for not meeting the obligations imposed under the agreement, the court may impose a forfeiture not to exceed $1,000.

(8) When obligations met. If the obligations imposed under the deferred prosecution agreement are met, the intake worker shall so inform the juvenile and a parent, guardian, and legal custodian in writing, and no. No petition may be filed or citation issued on the charges that brought about the deferred prosecution agreement nor may and the charges may not be the sole basis for a petition under s. 48.13, 48.133, 48.14, 938.13, or 938.14.

(9) Written policies. The intake worker shall perform his or her responsibilities under this section under general written policies which the judge shall promulgate promulgated under s. 938.06 (1) or (2).

344,257 Section 257. 938.25 (1) to (2m) of the statutes are amended to read:

938.25 (1) Requirements; who may file . A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. If The district attorney shall prepare, sign, and file a petition under s. 938.12 is to be filed, it shall be prepared, signed and filed by the district attorney. The district attorney, corporation counsel, or other appropriate official specified under s. 938.09 may file the a petition if the proceeding is under s. 938.125 or 938.13. The counsel or guardian ad litem for a parent, relative, guardian, or juvenile may file a petition under s. 938.13 or 938.14. The district attorney, corporation counsel or other appropriate person designated by the court may initiate proceedings under s. 938.14 in a manner specified by the court.

(2) Time limits; referral back. (a) The district attorney, corporation counsel, or other appropriate official shall file the petition, close the case, or refer the case back to intake or, with notice to intake, the law enforcement agency investigating the case within 20 days after the date that the intake worker's request was filed. A referral back to intake or to the law enforcement agency investigating the case may be made only when the district attorney, corporation counsel, or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into a deferred prosecution agreement within 20 days after the date of the referral. If the case is referred back to intake or to the law enforcement agency investigating the case for further investigation, the appropriate agency or person shall complete the investigation within 20 days after the date of the referral. If another referral is made to the district attorney, corporation counsel, or other appropriate official by intake or by the law enforcement agency investigating the case, it shall be considered a new referral to which the time limits of this subsection shall apply. The time limits in this subsection may only be extended by a judge court upon a showing of good cause under s. 938.315. If a petition is not filed within the time limitations set forth limits in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to a petition which that is not filed within the time limits specified in this paragraph. Failure to object if a petition is not filed within the time limits specified in this paragraph waives those time limits.

(b) In delinquency cases where in which there has been a case closure or deferred prosecution agreement, the petition shall be filed within 20 days of after receipt of the notice of the closure or deferred prosecution agreement. Failure to file within those 20 days invalidates the petition and affirms the case closure or deferred prosecution agreement, except that the court shall grant appropriate relief as provided in s. 938.315 (3) with respect to a petition that is not filed within the time limit specified in this paragraph and that failure to object if a petition is not filed within the time limit specified in this paragraph waives that time limit. If a petition is filed within those 20 days or the time permitted by the court under s. 938.315 (3), whichever is later, the district attorney shall notify the parties to the agreement and the intake worker of the filing as soon as possible.

(2g) American Indian juvenile; consultation with tribal court. If the circumstances described in s. 938.24 (2r) (a) apply, before filing a petition under s. 938.12 or 938.13 (12) the district attorney or corporation counsel shall determine whether the intake worker has received notification under s. 938.24 (2r) (b) from a tribal official that a petition relating to the alleged delinquent act has been or may be filed in tribal court. If the intake worker has received that the notification or if a tribal official has provided that the notification directly to the district attorney or corporation counsel, the district attorney or corporation counsel shall attempt to consult with appropriate tribal officials before filing a petition under s. 938.12 or 938.13 (12).

(2m) Notice to victims if no petition filed. If a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12) and the district attorney or corporation counsel decides not to file a petition, the district attorney or corporation counsel shall make a reasonable attempt to inform all of the known victims of the juvenile's act that a petition will not be filed against the juvenile at that time.

344,258 Section 258. 938.25 (3) of the statutes is amended to read:

938.25 (3) Court order for filing of petition. If the district attorney, corporation counsel, or other appropriate official under s. 938.09 refuses to file a petition, any person may request the judge court to order that the petition be filed and a hearing shall be held on the request. The judge court may order the filing of the petition on his or her its own motion. The matter may not be heard by the judge who court that orders the filing of a petition.

344,259 Section 259. 938.25 (4) (title), (5) (title) and (6) (title) of the statutes are created to read:

938.25 (4) (title) Time limit on prosecution.

(5) (title) Citation as initial pleading.

(6) (title) Temporary restraining order and injunction.

344,260 Section 260. 938.255 (1) (intro.), (c) and (cm) of the statutes are amended to read:

938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a person under the age of 18". A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person under the age of 17". A petition initiating proceedings under this chapter shall set forth with specificity specify all of the following:

(c) Whether the juvenile is in custody, and, if so, the place where the juvenile is being held and the time he or she was taken into custody unless there is reasonable cause to believe that such disclosure disclosures would result in imminent danger to the juvenile or physical custodian.

(cm) If the petition is initiating proceedings other than proceedings under s. 938.12, 938.125 or 938.13 (12), whether the juvenile may be subject to the federal Indian child welfare act Child Welfare Act, 25 USC 1901 to 1963.

344,261 Section 261. 938.255 (2) (title) of the statutes is created to read:

938.255 (2) (title) Facts not known.

344,262 Section 262. 938.255 (3) of the statutes is amended to read:

938.255 (3) If certain information not stated. If the information required under sub. (1) (d) or (e) is not stated the petition shall be dismissed or amended under s. 938.263 (2) or dismissed.

344,263 Section 263. 938.255 (4) (title) of the statutes is created to read:

938.255 (4) (title) Copy to juvenile, parents, and others.

344,264 Section 264. 938.263 (1) (title) of the statutes is created to read:

938.263 (1) (title) To cure defect.

344,265 Section 265. 938.263 (2) (title) of the statutes is created to read:

938.263 (2) (title) Before or after plea.

344,266 Section 266. 938.265 of the statutes is amended to read:

938.265 Consultation with victims. In a case in which the juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall, as soon as practicable but in any event before the plea hearing under s. 938.30, offer all of the victims of the juvenile's alleged act who have so requested the opportunity an opportunity to confer with the district attorney or corporation counsel concerning the possible outcomes of the proceeding against the juvenile, including potential plea agreements and recommendations that the district attorney or corporation counsel may make concerning dispositions under s. 938.34 or 938.345. The duty to offer an opportunity to confer under this section does not limit the obligation of the district attorney or corporation counsel to exercise his or her discretion concerning the handling of the proceeding against the juvenile.

344,267 Section 267. 938.27 (1) (title), (2) (title) and (3) (title) of the statutes are created to read:

938.27 (1) (title) Summons; when issued.

(2) (title) Summons; necessary persons.

(3) (title) Notice of hearings.

344,268 Section 268. 938.27 (3) (a) 1. of the statutes is amended to read:

938.27 (3) (a) 1. The court shall also notify, under s. 938.273, the juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, and any person specified in par. (b), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice need only must be provided only to the juvenile and his or her counsel. Where If parents entitled to notice have the same place of residence, notice to one shall constitute constitutes notice to the other. The first notice to any interested party, foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) shall be written in writing and may have a copy of the petition attached to it. Thereafter, notice of Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the date and time notice was given and the person to whom he or she spoke.

344,269 Section 269. 938.27 (4) (title) of the statutes is created to read:

938.27 (4) (title) Contents of notice.

344,270 Section 270. 938.27 (4m), (5) and (6) of the statutes are amended to read:

938.27 (4m) Notice to victims. The district attorney or corporation counsel shall make a reasonable attempt to contact any known victim or alleged victim of a juvenile's act or alleged act to inform them of the right to receive notice of any hearing under this chapter involving the juvenile. If a victim or alleged victim indicates that he or she wishes to receive that notice of any hearing under this chapter involving the juvenile, the district attorney or corporation counsel shall make a reasonable attempt to notify, under s. 938.273, that victim or alleged victim of any hearing under this chapter involving the juvenile. Any failure Failure to comply with this subsection is not a ground for an appeal of a judgment or dispositional order or for any court to reverse or modify a judgment or dispositional order.

(5) Notice to biological fathers. Subject to sub. (3) (b), the court shall make every reasonable effort efforts to identify and notify any person who has filed a declaration of interest under s. 48.025 and any person who has been adjudged to be the biological father of the juvenile in a judicial proceeding unless the biological father's rights have been terminated.

(6) Interstate compact proceedings; notice and summons. When a proceeding is initiated under s. 938.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court, consistent with applicable governing statutes. In addition, if . If the juvenile who is the subject of the proceeding is in the care of a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian notice and an opportunity to be heard as provided in sub. (3) (a).

344,271 Section 271. 938.27 (7) (title) and (8) (title) of the statutes are created to read:

938.27 (7) (title) Citations as notice.

(8) (title) Reimburse legal counsel costs in certain cases; notice.

344,272 Section 272. 938.273 (1) (title) of the statutes is created to read:

938.273 (1) (title) Methods of service; continuance.

344,273 Section 273. 938.273 (1) of the statutes is renumbered 938.273 (1) (a) and amended to read:

938.273 (1) (a) Service of summons or notice required by s. 938.27 may be made by mailing a copy thereof to the persons summoned or notified. If the persons, other than a person specified in s. 938.27 (4m), fail to appear at the hearing or otherwise to acknowledge service, a continuance shall be granted, except where the court determines otherwise because the juvenile is in secure custody as provided under par. (b), and service shall be made personally by delivering to the persons a copy of the summons or notice; except that if the court is satisfied determines that it is impracticable to serve the summons or notice personally, it may make an order providing for the service of the summons or notice by certified mail addressed to the last-known addresses of the persons.

(b) The court may refuse to grant a continuance when the juvenile is being held in secure custody, but in such a case the court if the court so refuses, it shall order that service of notice of the next hearing be made personally or by certified mail to the last-known address of the person who failed to appear at the hearing.

(c) Personal service shall be made at least 72 hours before the time of the hearing. Mail shall be sent at least 7 days before the time of the hearing, except where that when the petition is filed under s. 938.13 and the person to be notified lives outside the state, in which case the mail shall be sent at least 14 days before the time of the hearing.

344,274 Section 274. 938.273 (2) (title) and (3) (title) of the statutes are created to read:

938.273 (2) (title) By whom made.

(3) (title) Expenses; charge on county.

344,275 Section 275. 938.275 (1) (title) of the statutes is created to read:

938.275 (1) (title) Expense of custody, services, sanctions, or placement.

344,276 Section 276. 938.275 (1) (c) of the statutes is amended to read:

938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s. 938.355 (6) (d) or (6m) (a) or (ag) or finds the juvenile in contempt under s. 938.355 (6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure juvenile detention facility or place of nonsecure custody under s. 938.355 (6d) (a), (b), or (c) or 938.534 (1) (b) or (c), the court shall order the parents of the juvenile to contribute toward the cost of the sanction, disposition or placement the proportion of the total amount which the court finds the parents are able to pay.

344,277 Section 277. 938.275 (2) (title) of the statutes is created to read:

938.275 (2) (title) Legal counsel; indigency.

344,278 Section 278. 938.275 (2) (a) of the statutes is renumbered 938.275 (2) (a) (intro.) and amended to read:

938.275 (2) (a) (intro.) If this the state or a county provides legal counsel to a juvenile subject to a proceeding under s. 938.12 or 938.13, the court shall order the juvenile's parent to reimburse the state or county in accordance with under par. (b) or (c). The court may not order reimbursement if a either of the following apply:

1. A parent is the complaining or petitioning party or if the.

2. The court finds that the interests of the parent and the interests of the juvenile in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent.

(am) The court may not order reimbursement under par. (a) until the completion of the proceeding or until the state or county is no longer providing the juvenile with legal counsel in the proceeding.

344,279 Section 279. 938.275 (2) (b) and (c) of the statutes are amended to read:

938.275 (2) (b) If this the state provides the juvenile with legal counsel and the court orders reimbursement under par. (a), the juvenile's parent may request the state public defender to determine whether the parent is indigent as provided under s. 977.07 and to determine the amount of reimbursement. If the parent is found not to be indigent, the amount of reimbursement shall be the maximum amount established by the public defender board. If the parent is found to be indigent in part, the amount of reimbursement shall be the amount of partial payment determined in accordance with the under rules of the public defender board promulgated under s. 977.02 (3).

(c) If the county provides the juvenile with legal counsel and the court orders reimbursement under par. (a), the court shall either make a determination of indigency or shall appoint the county department to make the determination. If the court or the county department finds that the parent is not indigent or is indigent in part, the court shall establish the amount of reimbursement and shall order the parent to pay it.

344,280 Section 280. 938.275 (2) (cg) 3. of the statutes is amended to read:

938.275 (2) (cg) 3. The court's finding, under par. (a) 2., that the interests of the parent and the juvenile are not substantially and directly adverse and that ordering the payment of reimbursement would not be unfair to the parent.

344,281 Section 281. 938.28 of the statutes is amended to read:

938.28 Failure to obey summons; capias. If any person summoned under this chapter fails without reasonable cause to appear, he or she may be proceeded against for contempt of court. In case under ch. 785. If the summons cannot be served or, if the parties served fail to obey respond to the same summons, or in any case when if it appears to the court that the service will be ineffectual, a capias may be issued for the parent, guardian, and legal custodian or for the juvenile. Subchapter IV governs the taking and holding of a juvenile in custody.

344,282 Section 282. 938.29 (1) of the statutes is amended to read:

938.29 (1) Request for substitution. Except as provided in sub. (1g), the juvenile, either before or during the plea hearing, may file a written request with the clerk of the court or other person acting as the clerk for a substitution of the judge assigned to the proceeding. Upon Immediately upon filing the written request, the juvenile shall immediately mail or deliver a copy of the request to the judge named therein in the request. In a proceeding under s. 938.12 or 938.13 (12), only the juvenile may request a substitution of the judge. Whenever If the juvenile has the right to request a substitution of judge, the juvenile's counsel or guardian ad litem may file the request. Not more than one such written request may be filed in any one proceeding, nor may any and no single request may name more than one judge. This section shall does not apply to proceedings under s. 938.21.

344,283 Section 283. 938.29 (1g) of the statutes is renumbered 938.29 (1g) (intro.) and amended to read: