2005 Wisconsin Act 344

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:

938.29 (1g) When substitution request not permitted. (intro.) The juvenile may not request the substitution of a judge in a proceeding under s. 938.12 or 938.13 (12), and the juvenile and the juvenile's parent, guardian, or legal custodian may not request the substitution of a judge in a proceeding under s. 938.13 (4), (6), (6m), or (7), if the any of the following apply:

(a) The judge assigned to the proceeding has entered a dispositional order with respect to the juvenile in a previous proceeding under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7), or (12), 1993 stats., s. 938.12, or 938.13 (4), (6), (6m), (7), or (12) or the.

(b) The juvenile or the juvenile's parent, guardian , or legal custodian has requested the substitution of a judge in a previous proceeding under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or (12), 1993 stats., s. 938.12 or 938.13 (4), (6), (6m), (7) or (12).

344,284 Section 284. 938.29 (1m) of the statutes is amended to read:

938.29 (1m) Assignment of new judge . When the clerk receives a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was made timely and in proper form. Except as provided in sub. (2), if the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under s. 751.03. If no determination is made within 7 days after receipt of the request for substitution, the clerk shall refer the matter to the chief judge of the judicial administrative district for determination of whether the request was made timely and in proper form and for reassignment as necessary.

344,285 Section 285. 938.29 (2) (title) of the statutes is created to read:

938.29 (2) (title) Substitution of judge scheduled to conduct waiver hearing.

344,286 Section 286. 938.293 (1) of the statutes is amended to read:

938.293 (1) Law enforcement reports . Copies of all law enforcement officer reports, including but not limited to the officer's memorandum and witnesses' statements, shall be made available upon request to counsel or guardian ad litem prior to a plea hearing. The reports shall be available through the representative of the public designated under s. 938.09. The juvenile, through counsel or guardian ad litem, is the only party who shall have access to the reports in proceedings under s. 938.12, 938.125, or 938.13 (12). The identity of a confidential informant may be withheld pursuant to under s. 905.10.

344,287 Section 287. 938.293 (2) (title) of the statutes is created to read:

938.293 (2) (title) Records relating to juvenile.

344,288 Section 288. 938.293 (3) of the statutes is amended to read:

938.293 (3) Videotaped oral statement. Upon request prior to the fact-finding hearing, the district attorney shall disclose to the juvenile, and to the juvenile's counsel or guardian ad litem, the existence of any videotaped oral statement of a juvenile under s. 908.08 which that is within the possession, custody, or control of the state and shall make reasonable arrangements for the requesting person to view the videotaped oral statement. If, subsequent to compliance with this subsection, the state obtains possession, custody, or control of such a the videotaped oral statement, the district attorney shall promptly notify the requesting person of that fact and make reasonable arrangements for the requesting person to view the videotaped oral statement.

344,289 Section 289. 938.295 (1) (title) of the statutes is created to read:

938.295 (1) (title) Examination or assessment of juvenile or parent.

344,290 Section 290. 938.295 (1) of the statutes is renumbered 938.295 (1) (a) and amended to read:

938.295 (1) (a) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant an a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 938.547 (4), the court may order any a juvenile coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist, or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the juvenile's physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order an examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 938.547 (4) of a parent, guardian, or legal custodian whose ability to care for a juvenile is at issue before the court.

(b) The court shall hear any objections by the juvenile and the juvenile's parents, guardian, or legal custodian to the request under par. (a) for such an examination or assessment before ordering the examination or assessment.

(c) The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 938.361.

344,291 Section 291. 938.295 (1c) (intro.) of the statutes is amended to read:

938.295 (1c) Reasonable cause for assessment; when. (intro.) Reasonable cause is considered to exist exists to warrant an alcohol and other drug abuse assessment under sub. (1) if any of the following applies:

344,292 Section 292. 938.295 (1g) of the statutes is amended to read:

938.295 (1g) Report of results and recommendations. If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the court order, report the results of the assessment to the court, except that, upon request if requested by the approved treatment facility and if the juvenile is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the juvenile is in need of treatment, intervention, or education relating to the use or abuse of alcohol beverages, controlled substances, or controlled substance analogs and, if so, shall recommend a service plan and appropriate treatment from an approved treatment facility, intervention from a court-approved pupil assistance program, or education from a court-approved alcohol or other drug abuse education program.

344,293 Section 293. 938.295 (2) (title) of the statutes is created to read:

938.295 (2) (title) Not competent or not responsible.

344,294 Section 294. 938.295 (2) (a) of the statutes is amended to read:

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 If the cost of the examination, if is approved by the court, the cost 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 An inpatient evaluation shall be for completed in a specified period that is no longer than is necessary to complete the evaluation.

344,295 Section 295. 938.295 (2) (b) of the statutes is renumbered 938.295 (2) (b) 1. and is amended to read:

938.295 (2) (b) 1. The examiner shall file a report of the examination with the court by the date specified in the order. The court shall cause copies to be transmitted to the district attorney or corporation counsel and to the juvenile's counsel or guardian ad litem. The report shall describe the nature of the examination and, identify the persons interviewed, the particular records reviewed, and any tests administered to the juvenile and state in reasonable detail the facts and reasoning upon which the examiner's opinions are based.

2. If the examination is ordered following a plea under s. 938.30 (4) (c), the report shall also contain an opinion regarding whether the juvenile suffered from mental disease or defect at the time of the commission of the act alleged in the petition and, if so, whether this caused the juvenile to lack substantial capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law.

3. If the examination is ordered following a finding that there is probable cause to believe that the juvenile has committed the alleged offense and that there is reason to doubt the juvenile's competency to proceed, the report shall also contain an opinion regarding the juvenile's present mental capacity to understand the proceedings and assist in his or her defense and, if the examiner reports that the juvenile lacks competency to proceed, the examiner's opinion regarding the likelihood that the juvenile, if provided treatment, may be restored to competency within the time specified in s. 938.30 (5) (e) 1. The report shall also state in reasonable detail the facts and reasoning upon which the examiner's opinions are based.

344,296 Section 296. 938.295 (3) of the statutes is amended to read:

938.295 (3) Objection to a particular professional. If the juvenile or a parent objects to a particular physician, psychiatrist, licensed psychologist, or other expert as required under this section, the court shall appoint a different physician, psychiatrist, psychologist or other expert as required under this section.

344,297 Section 297. 938.295 (4) (title) of the statutes is created to read:

938.295 (4) (title) Telephone or live audiovisual proceeding.

344,298 Section 298. 938.296 (1) (title) and (2) (title) of the statutes are created to read:

938.296 (1) (title) Definitions.