Wisconsin Legislature: 344,415

344,407 Section 407. 938.344 (2) (a), (b) and (c) of the statutes are amended to read:

938.344 (2) (a) For a first violation, a forfeiture of not more than $50, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1., or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

(b) For a violation committed within 12 months of one previous violation, a forfeiture of not more than $100 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

344,408 Section 408. 938.344 (2b) (title) of the statutes is created to read:

938.344 (2b) (title) Underage purchase of alcohol or entering licensed premises.

344,409 Section 409. 938.344 (2b) (a), (b) and (c) of the statutes are amended to read:

938.344 (2b) (a) For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1., or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

(b) For a violation committed within 12 months of one previous violation, a forfeiture of not less than $300 nor more than $500 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

344,410 Section 410. 938.344 (2d) (title) of the statutes is created to read:

938.344 (2d) (title) False proof of age.

344,411 Section 411. 938.344 (2d) (a), (b) and (c) of the statutes are amended to read:

938.344 (2d) (a) For a first violation, a forfeiture of not less than $100 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1., or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

(b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2., or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3., or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

344,412 Section 412. 938.344 (2e) (title) of the statutes is created to read:

938.344 (2e) (title) Drug paraphernalia violation.

344,413 Section 413. 938.344 (2e) (a) 1., 2. and 3., (b) and (c) of the statutes are amended to read:

938.344 (2e) (a) 1. For a first violation, a forfeiture of not more than $50 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g) or both.

2. For a violation committed within 12 months of a previous violation, a forfeiture of not more than $100 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g) or both.

3. For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g) or both.

(b) Whenever a court suspends a juvenile's operating privilege under this subsection, the court shall immediately take possession of any suspended license and forward it to the department of transportation, together with the notice of suspension clearly stating that the suspension is for a violation under s. 961.573 (2), 961.574 (2), or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes.

(c) If the juvenile's license or operating privilege is currently suspended or revoked or the juvenile does not currently possess a valid operator's license issued under ch. 343, the suspension under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance or reinstatement of an operator's license under ch. 343.

344,414 Section 414. 938.344 (2g) (title) of the statutes is created to read:

938.344 (2g) (title) Stay of order.

344,415 Section 415. 938.344 (2g) (a) 1. and 4. a. and b. and (d) of the statutes are amended to read:

938.344 (2g) (a) 1. Submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 938.547 (4) and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol and other drug abuse assessment and shall specify the date by which the assessment must be completed.

4. a. The chief judge of the judicial administrative district has approved a teen court program established in the juvenile's county of residence and the judge court determines that participation in the teen court program will likely benefit the juvenile and the community.

b. The juvenile admits or pleads no contest in open court, with in the presence of the juvenile's parent, guardian or legal custodian present, to the allegations that the juvenile committed the violation specified in sub. (2), (2b), (2d) or (2e).

(d) If an approved treatment facility, court-approved pupil assistance program, or court-approved alcohol or other drug abuse education program, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notifies the agency primarily responsible for providing services to the juvenile that a juvenile is not participating, or has not satisfactorily completed, a recommended alcohol or other drug abuse treatment program, a court-approved pupil assistance program, or a court-approved alcohol or other drug abuse education program, the court shall hold a hearing to determine whether to impose the penalties under sub. (2), (2b), (2d), or (2e) should be imposed.

344,416 Section 416. 938.344 (2m) (title) and (3) (title) of the statutes are created to read:

938.344 (2m) (title) Counting violations.

(3) (title) Prosecution in adult court.

344,417 Section 417. 938.345 (1) (intro.), (a), (d), (e) and (g) of the statutes are amended to read:

938.345 (1) Dispositional order. (intro.) If the court finds that the juvenile is in need of protection or services, the court shall enter an order deciding including one or more of the dispositions of the case as provided in under s. 938.34 under a care and treatment plan except that the order may not do any of the following:

(a) Place the juvenile in the serious juvenile offender program, or a secured juvenile correctional facility, a secured child caring institution or a secured group home residential care center for children and youth.

(d) Restrict, or suspend or revoke the driving privileges of the juvenile, except as provided under sub. (2).

(e) Place any juvenile not specifically found under chs. ch. 46, 49, 51, 115 and, or 880 to be developmentally disabled or mentally ill have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in facilities which a facility that exclusively treat treats one or more of those categories of juveniles.

(g) Order Place the juvenile into in a juvenile detention facility or juvenile portion of a county jail or in nonsecure custody under s. 938.34 (3) (f).

Note: In s. 938.345 (1) (d), stats., removes revocation of a juvenile's driving privileges as a JIPS disposition to be consistent with the parallel delinquency disposition under s. 938.34 (14m).

344,418 Section 418. 938.345 (2) of the statutes is amended to read:

938.345 (2) School dropouts and habitual truants. If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b), or based on habitual truancy, and the court also finds that the reason the juvenile has dropped out of school or is a habitual truant is as a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with s. 118.15 (1) (a), the court, instead of or in addition to any other disposition imposed under sub. (1), may enter an order permitted under s. 938.342.

344,419 Section 419. 938.345 (3) (title) of the statutes is created to read:

938.345 (3) (title) Sex offender registration.

344,420 Section 420. 938.345 (3) (a) (intro.) and (c) of the statutes are amended to read:

938.345 (3) (a) (intro.) If the court finds that a juvenile is in need of protection or services on the basis of a violation, or the solicitation, conspiracy, or attempt to commit a violation, under ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be is in the interest of public protection to have the juvenile report under s. 301.45. In determining whether it would be is in the interest of public protection to have the juvenile report under s. 301.45, the court may consider any of the following:

(c) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of need of protection or services on which the order is based is reversed, set aside, or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.

344,421 Section 421. 938.346 (1) (title) of the statutes is created to read:

938.346 (1) (title) Information to victims.

344,422 Section 422. 938.346 (1) (a) of the statutes is amended to read:

938.346 (1) (a) The procedures under s. 938.396 (1r) and (6) (1) (c) 5. and 6. for obtaining the identity of the juvenile and the juvenile's parents.

344,423 Section 423. 938.346 (1) (b) of the statutes is amended to read:

938.346 (1) (b) The procedure under s. 938.396 (1r) (1) (c) 5. for obtaining the juvenile's police records.

344,424 Section 424. 938.346 (1) (d) 2. of the statutes is amended to read:

938.346 (1) (d) 2. The procedure the victim may follow for obtaining the information in subd. 1.

344,425 Section 425. 938.346 (1m) and (2) of the statutes are amended to read:

938.346 (1m) Duties of intake workers and district attorneys. The intake worker shall make a reasonable attempt to provide notice of the information specified in under sub. (1) (a), (b), (c), and (h), the information specified in under sub. (1) (d) relating to a deferred prosecution agreement under s. 938.245, the information specified in under sub. (1) (em) relating to the right to confer, if requested, on deferred prosecution agreements and the information specified in under sub. (3) if the juvenile's case is closed. The district attorney or corporation counsel shall make a reasonable attempt to provide notice of the information specified in under sub. (1) (e), (ec), (f), (fm), and (g), the information specified in under sub. (1) (d) relating to a consent decree under s. 938.32 or a dispositional order under ss. 938.34 to 938.345, the information specified in under sub. (1) (em) relating to the right to request an opportunity to confer, if requested, on amendment of petitions, consent decrees and disposition recommendations and the information under sub. (3) if he or she decides not to file a petition or the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.

(2) Restrictions on disclosure of information. The notice under sub. (1) shall include an explanation of the restrictions on divulging disclosing information obtained under this chapter and the penalties for violations violating the restrictions.

Note: Requires, in s. 938.346 (1m), stats., the district attorney or corporation counsel to provide notice to a victim of how to request testing for communicable diseases of a juvenile who is alleged to have thrown or expelled a bodily substance at another in violation of s. 946.43 (2m).

344,426 Section 426. 938.346 (3) (title), (4) (title) and (5) (title) of the statutes are created to read:

938.346 (3) (title) Closed cases.

(4) (title) Child victims.

(5) (title) Court policies and rules.

344,427 Section 427. 938.35 (1) (title) of the statutes is created to read:

938.35 (1) (title) Effect and admissibility of judgment.

344,428 Section 428. 938.35 (1m) and (2) of the statutes are amended to read:

938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile reaches the age of attains 17 years of age. This paragraph does not affect proceedings in criminal court which that have been transferred under s. 938.18.

(2) Court disclosure of information. Except as specifically provided in under sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the juvenile or of the administration of justice.

344,429 Section 429. 938.355 (1) of the statutes is amended to read:

938.355 (1) Intent. In any order under s. 938.34 or 938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives specified in under s. 938.01. If the judge court has determined that any of the conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, that determination shall be prima facie evidence that a less restrictive alternative than placement in a secured juvenile correctional facility, a secured child caring institution, or a secured group home residential care center for children and youth is not appropriate. If information under s. 938.331 has been provided in a court report under s. 938.33 (1), the court shall consider that information when deciding on a placement and treatment finding.

344,430 Section 430. 938.355 (2) (b) 1., 1m., 4m., 5., 6. and 6r. of the statutes are amended to read:

938.355 (2) (b) 1. The specific services or continuum of services to be provided to the juvenile and the juvenile's family, the identity of the agencies which that are to be primarily responsible for the provision of the services mandated by the court, the identity of the person or agency who that will provide case management or coordination of services, if any, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.

1m. A notice that the juvenile's parent, guardian, or legal custodian or the juvenile, if 14 years of age or over older, may request an agency that is providing care or services for the juvenile or that has legal custody of the juvenile to disclose to, or make available for inspection by, the parent, guardian, legal custodian, or juvenile the contents of any record kept or information received by the agency about the juvenile as provided in s. 938.78 (2) (ag).

4m. If the juvenile is placed outside the home and if the juvenile's parent has not already provided a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the county department under s. 938.30 (6) (b) or (c) or 938.31 (7) (b) or (c), an order for the parent to provide that statement to the county department by a date specified by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that the form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the juvenile.

5. For a juvenile placed outside his or her home pursuant to under an order under s. 938.34 (3) or 938.345, a permanency plan under s. 938.38 if one has been prepared.

6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in under sub. (2d) (b) 1. to 4. applies, and a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in under sub. (2d) (b) 1. to 4. applies. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

6r. If the court finds that any of the circumstances specified in under sub. (2d) (b) 1. to 4. applies with respect to a parent, a determination that the county department or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

Note: For an explanation of the change to s. 938.355 (2) (b) 4m., stats., see the Note to s. 938.30 (6) (b) and (c), stats., as affected by this bill.

344,431 Section 431. 938.355 (2c) (a) (intro.) and (b) of the statutes are amended to read:

938.355 (2c) (a) (intro.) When a court makes a finding under sub. (2) (b) 6. as to whether a county department which provides social services or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to prevent the removal of the juvenile from his or her home, while assuring that the juvenile's health and safety are the paramount concerns, the court's consideration of reasonable efforts shall include, but not be limited to, whether:

(b) When a court makes a finding under sub. (2) (b) 6. as to whether the county department or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to achieve the goal of the permanency plan, the court's consideration of reasonable efforts shall include the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the juvenile and his or her parents were implemented, unless visitation was denied or limited by the court.

344,432 Section 432. 938.355 (2d) (a) 1. of the statutes is amended to read:

938.355 (2d) (a) 1. "Aggravated circumstances" include abandonment in violation of s. 948.20 or in violation of the law of any other state or federal law if that violation would be a violation of s. 948.20 if committed in this state, torture, chronic abuse, and sexual abuse.

344,433 Section 433. 938.355 (2d) (c) 1. of the statutes is amended to read:

938.355 (2d) (c) 1. If the court finds that any of the circumstances specified in under par. (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

344,434 Section 434. 938.355 (2e) (b) of the statutes is amended to read:

938.355 (2e) (b) Each time a juvenile's placement is changed under s. 938.357 or a dispositional order is revised under s. 938.363 or extended under s. 938.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.

344,435 Section 435. 938.355 (2m) of the statutes is amended to read: