AB443, s. 126 21Section 126. 938.067 (9) of the statutes is amended to read:
AB443,65,2522 938.067 (9) Other functions . Perform any other functions ordered by the
23court, and, when the court or chief judge requests, assist the court or chief judge of
24the judicial administrative district in developing written policies or carrying out its
25other duties when the court or chief judge so requests.
AB443, s. 127
1Section 127. 938.069 (1) (intro.), (c), (dj) and (e) of the statutes are amended
2to read:
AB443,66,53 938.069 (1) Duties. (intro.) The Subject to sub. (2), the staff of the department,
4the court, a county department, or a licensed child welfare agency designated by the
5court to carry out the objectives and provisions of this chapter shall:
AB443,66,86 (c) Make an affirmative effort, and investigate and develop resources, to obtain
7necessary or desired services for the juvenile and the juvenile's family and
8investigate and develop resources toward that end
.
AB443,66,119 (dj) Provide aftercare services for a juvenile who has been released from a
10secured juvenile correctional facility , or a secured child caring institution or a
11secured group home
residential care center for children and youth.
AB443,66,1312 (e) Perform any other court-ordered functions consistent with this chapter
13which are ordered by the court.
AB443, s. 128 14Section 128. 938.069 (2) (title), (3) (title) and (4) (title) of the statutes are
15created to read:
AB443,66,1616 938.069 (2) (title) Agency approval needed.
AB443,66,17 17(3) (title) Intake services.
AB443,66,18 18(4) (title) Qualifications of disposition staff.
AB443, s. 129 19Section 129. 938.07 (2) and (3) of the statutes are amended to read:
AB443,66,2520 938.07 (2) Licensed child welfare agency. The court may request the services
21of a child welfare agency licensed under s. 48.60 in accordance with procedures
22established by that agency. The child welfare agency shall receive no compensation
23for these services but may be reimbursed out of funds made available to the court for
24the actual and necessary expenses incurred in the performance of duties for the
25court.
AB443,67,8
1(3) County department in populous counties. In counties having a population
2of 500,000 or more, the court may order the director of the county department may
3be ordered by the court
to provide services for furnishing emergency shelter care
4services to any juvenile whose need therefor for the services, either by reason of need
5of protection and services or delinquency, is determined by the intake worker under
6s. 938.205. The court may authorize the director to appoint members of the county
7department to furnish emergency shelter care services for the juvenile. The
8emergency shelter care may be provided as specified in under s. 938.207.
AB443, s. 130 9Section 130. 938.08 (1) and (2) of the statutes are amended to read:
AB443,67,1610 938.08 (1) Investigations; reports. It is the duty of each A person appointed
11to furnish services to the court as provided in under ss. 938.06 and 938.07 to shall
12make such any investigations and exercise such any discretionary powers as that the
13judge court may direct, to keep a written record of such the investigations, and to
14submit a report to the judge court. The person shall keep informed concerning the
15conduct and condition of the juvenile under the person's supervision and shall report
16thereon on the conduct and condition as the judge court directs.
AB443,67,23 17(2) Power to take juvenile into custody; limits. Except as provided in sub.
18(3) and ss. 938.355 (6d) and 938.534 (1), any a person authorized to provide or
19providing intake or dispositional services for the court under s. 938.067 or 938.069
20has the power of police officers and deputy sheriffs only for the purpose of taking a
21juvenile into physical custody when the juvenile comes voluntarily or, is suffering
22from illness or injury, or is in immediate danger from his or her surroundings and
23removal from the surroundings is necessary.
AB443, s. 131 24Section 131. 938.08 (3) of the statutes is amended to read:
AB443,68,8
1938.08 (3) Conditions for certain other persons to take juvenile into
2custody.
(a) In addition to the law enforcement authority specified in under sub. (2),
3department personnel designated by the department, personnel of an agency
4contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the
5agency and the department, and personnel of a county contracted with under s.
6301.08 (1) (b) 4. and designated by agreement between the county and the
7department have the power of law enforcement authorities to take a juvenile into
8physical custody under the following conditions:
AB443,68,119 1. If they are in prompt pursuit of a juvenile who has run away from a secured
10juvenile correctional facility, or a residential care center for children and youth, or
11a secured group home
.
AB443,68,1412 2. If the juvenile has failed to return to a secured juvenile correctional facility,
13or a residential care center for children and youth , or a secured group home after any
14authorized absence.
AB443,68,1815 (b) A juvenile who is taken into custody under par. (a) may be returned directly
16to the secured juvenile correctional facility, or residential care center for children and
17youth, or secured group home and shall have a hearing regarding placement in a
18disciplinary 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.
AB443, s. 132 19Section 132. 938.09 (1) to (6) of the statutes are amended to read:
AB443,68,2120 938.09 (1) Delinquency. By the district attorney, in any matter arising under
21s. 938.12.
AB443,69,5 22(2) Civil law violation. By the district attorney or, if designated by the county
23board of supervisors, by the corporation counsel, in any matter concerning a civil law

1violation arising under s. 938.125. If the county board transfers this authority to or
2from the district attorney on or after May 11, 1990, the board may do so only if the
3action is effective on September 1 of an odd-numbered year and the board notifies
4the department of administration of that change by January 1 of that odd-numbered
5year.
AB443,69,8 6(3) Municipal ordinance violation. By the city, village, or town attorney, in
7any matter concerning a city, village, or town ordinance violation, respectively,
8arising under s. 938.125.
AB443,69,11 9(4) County ordinance violation. By any an appropriate person designated by
10the county board of supervisors in any matter concerning a noncity county ordinance
11violation arising under s. 938.125.
AB443,69,18 12(5) Juvenile in need of protection or services. By the district attorney or, if
13designated by the county board of supervisors, by the corporation counsel, in any
14matter arising under s. 938.13. If the county board transfers this authority to or from
15the district attorney on or after May 11, 1990, the board may do so only if the action
16is effective on September 1 of an odd-numbered year and the board notifies the
17department of administration of that change by January 1 of that odd-numbered
18year.
AB443,69,20 19(6) Interstate compact . By any an appropriate person designated by the
20county board of supervisors in any matter arising under s. 938.14.
AB443, s. 133 21Section 133. 938.10 of the statutes is amended to read:
AB443,70,2 22938.10 Power of the judge to act as intake worker. The duties of the intake
23worker may be carried out from time to time by the judge at his or her discretion, but
24except that if a request to file a petition is made, a citation is issued, or a deferred

1prosecution agreement is entered into, the judge shall be is disqualified from
2participating further in the proceedings.
AB443, s. 134 3Section 134. 938.12 of the statutes is amended to read:
AB443,70,7 4938.12 Jurisdiction over juveniles alleged to be delinquent. (1) In
5general.
The court has exclusive jurisdiction, except as provided in ss. 938.17,
6938.18, and 938.183, over any juvenile 10 years of age or over older who is alleged
7to be delinquent.
AB443,70,12 8(2) Seventeen-year olds. If a court proceeding has been commenced under this
9section before a
petition alleging that a juvenile is delinquent is filed before the
10juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting
11the facts of the petition at the plea hearing or if the juvenile denies the facts, before
12an 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).]
AB443, s. 135 13Section 135. 938.125 (intro.) and (2) of the statutes are amended to read:
AB443,70,17 14938.125 Jurisdiction over juveniles alleged to have violated civil laws
15or ordinances.
(intro.) The court has exclusive jurisdiction over any a juvenile
16alleged to have violated a law punishable by forfeiture or a county, town, or other
17municipal ordinance, except as follows:
AB443,70,21 18(2) That the The court has exclusive jurisdiction over any a juvenile alleged to
19have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided
20by the school attendance officer that the activities under s. 118.16 (5) have been
21completed or were not required to be completed as provided in s. 118.16 (5m).
AB443, s. 136 22Section 136. 938.13 of the statutes is amended to read:
AB443,71,4
1938.13 Jurisdiction over juveniles alleged to be in need of protection
2or services.
The court has exclusive original jurisdiction over a juvenile alleged to
3be in need of protection or services which can be ordered by the court , and if any of
4the following conditions applies
:
AB443,71,7 5(4) Uncontrollable. Whose The juvenile's parent or guardian signs the
6petition requesting jurisdiction under this subsection and is unable or needs
7assistance to control the juvenile.
AB443,71,12 8(6) Habitually truant from school. Who Except as provided under s. 938.17
9(2), the juvenile
is habitually truant from school, if and evidence is provided by the
10school attendance officer that the activities under s. 118.16 (5) have been completed
11or were not required to be completed as provided in s. 118.16 (5m) , except as provided
12under s. 938.17 (2)
.
AB443,71,14 13(6m) School dropout. Who The juvenile is a school dropout, as defined in s.
14118.153 (1) (b).
AB443,71,18 15(7) Habitually truant from home. Who The juvenile is habitually truant from
16home and either the juvenile or, a parent , or guardian, or a relative in whose home
17the juvenile resides signs the petition requesting jurisdiction and attests in court
18that reconciliation efforts have been attempted and have failed.
AB443,71,20 19(12) Delinquent act before age 10. Who, being The juvenile is under 10 years
20of age, and has committed a delinquent act as defined in s. 938.12.
AB443,71,24 21(14) Not responsible or not competent. Who The juvenile has been
22determined, under s. 938.30 (5) (c), to be not responsible for a delinquent act by
23reason of mental disease or defect or who has been determined, under s. 938.30 (5)
24(d), to be not competent to proceed.
AB443, s. 137 25Section 137. 938.135 of the statutes is amended to read:
AB443,72,7
1938.135 Referral of juveniles to proceedings under ch. 51 or 55. (1)
2Juvenile with developmental disability, mental illness, or alcohol or drug
3dependency.
If a juvenile alleged to be delinquent or in need of protection or services
4is before the court and it appears that the juvenile is developmentally disabled,
5mentally ill or
to have a developmental disability or mental illness or to be drug
6dependent or suffers suffering from alcoholism, the court may proceed under ch. 51
7or 55.
AB443,72,11 8(2) Admissions, placements, and commitments to inpatient facilities. Any
9voluntary or involuntary admissions, placements, or commitments of a juvenile
10made in or to an inpatient facility, as defined in s. 51.01 (10), other than a
11commitment under s. 938.34 (6) (am) shall be, are governed by ch. 51 or 55.
AB443, s. 138 12Section 138. 938.15 of the statutes is amended to read:
AB443,72,20 13938.15 Jurisdiction of other courts to determine legal custody. Nothing
14contained in s. 938.12, 938.13 or 938.14 this chapter deprives other courts another
15court
of the right to determine the legal custody of juveniles a juvenile by habeas
16corpus or to determine the legal custody or guardianship of juveniles a juvenile if the
17legal custody or guardianship is incidental to the determination of causes an action
18pending in the other courts that court. But the jurisdiction of the court assigned to
19exercise jurisdiction under this chapter and ch. 48 is paramount in all cases involving
20juveniles alleged to come within the provisions of ss. 938.12 to 938.14.
AB443, s. 139 21Section 139. 938.17 (title) and (1) (intro.) and (c) of the statutes are amended
22to read:
AB443,73,11 23938.17 (title) Jurisdiction over traffic, boating, snowmobile, and
24all-terrain vehicle violations and over civil law and ordinance violations.

25(1) Traffic, boating, snowmobile and all-terrain vehicle violations. (intro.)

1Except for violations of ss. 342.06 (2) and 344.48 (1), and violations of ss. 30.67 (1)
2and 346.67 (1) when death or injury occurs, courts of criminal and civil jurisdiction
3shall have exclusive jurisdiction in proceedings against juveniles 16 years of age or
4older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341 to 351, and of traffic
5regulations, as defined in s. 345.20, and nonmoving traffic violations, as defined in
6s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile , or all-terrain
7vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult
8before the trial of the proceeding except that the juvenile may be held in secure
9custody only in a secure juvenile detention facility. A juvenile convicted of a traffic,
10boating, snowmobile, or all-terrain vehicle offense in a court of criminal or civil
11jurisdiction shall be treated as an adult for sentencing purposes except as follows:
AB443,73,1812 (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a
13period of incarceration of 6 months or more, that court shall petition the court
14assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more
15of the dispositions provided in under s. 938.34, including placement of the juvenile
16in a secured juvenile correctional facility, a secured child caring institution or a
17secured group home under s. 938.34 (4m) residential care center for children and
18youth
, if appropriate.
AB443, s. 140 19Section 140. 938.17 (2) (a) (title) of the statutes is created to read:
AB443,73,2120 938.17 (2) (a) (title) Concurrent municipal and juvenile court jurisdiction;
21ordinance violations.
AB443, s. 141 22Section 141. 938.17 (2) (a) 2. d. and 3. of the statutes are amended to read:
AB443,74,223 938.17 (2) (a) 2. d. If the municipality specified under subd. 2. b. or c. has not
24adopted an ordinance under s. 118.163, the municipal court that may exercise
25jurisdiction under subd. 1. is the municipal court that is located in the municipality

1where the juvenile resides, if that municipality has adopted an ordinance under s.
2118.163.
AB443,74,43 3. When a juvenile is alleged to have violated a municipal ordinance, the
4juvenile
one of the following may be occur:
AB443,74,65 a. Issued The juvenile may be issued a citation directing the juvenile to appear
6in municipal court or make a deposit or stipulation and deposit in lieu of appearance;.
AB443,74,107 b. Issued The juvenile may be issued a citation directing the juvenile to appear
8in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make
9a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237;
10or
.
AB443,74,1311 c. Referred The juvenile may be referred to intake for a determination whether
12a petition should be filed in the court assigned to exercise jurisdiction under this
13chapter and ch. 48 pursuant to under s. 938.125.
AB443, s. 142 14Section 142. 938.17 (2) (b) to (cm) of the statutes are amended to read:
AB443,74,1915 938.17 (2) (b) Juvenile court jurisdiction; civil law and ordinance violations.
16When a juvenile 12 years of age or older is alleged to have violated a civil law
17punishable by a forfeiture or where a juvenile is alleged to have violated a municipal
18ordinance but there is no municipal court in the municipality, the juvenile one of the
19following
may be occur:
AB443,74,2320 1. Issued The juvenile may be issued a citation directing the juvenile to appear
21in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make
22a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237;
23or
.
AB443,75,3
12. Referred The juvenile may be referred to intake for a determination whether
2a petition under s. 938.125 should be filed in the court assigned to exercise
3jurisdiction under this chapter and ch. 48 pursuant to s. 938.125.
AB443,75,164 (c) Citation procedures. The citation procedures described in ch. 800 shall
5govern proceedings involving juveniles in municipal court, except that this chapter
6shall govern governs the taking and holding of a juvenile in custody and par. (cg) shall
7govern
governs the issuing of a summons to the juvenile's parent, guardian, or legal
8custodian. When a juvenile is before the court assigned to exercise jurisdiction under
9this chapter and ch. 48 upon a citation alleging that the juvenile to have violated a
10civil law or municipal ordinance, the procedures specified in s. 938.237 shall apply.
11If a citation is issued to a juvenile, the issuing agency shall notify the juvenile's
12parent, guardian, and legal custodian within 7 days. The agency issuing a citation
13to a juvenile who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b),
14125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2), or 961.575 (2) or an ordinance
15conforming to one of those statutes shall send a copy to an intake worker under s.
16938.24 for informational purposes only.
AB443,76,517 (cg) Summons procedures. After a citation is issued, unless the juvenile and
18his or her parent, guardian, and legal custodian voluntarily appear, the municipal
19court may issue a summons requiring the parent, guardian and, or legal custodian
20of the juvenile to appear personally at any hearing involving the juvenile and, if the
21court so orders, to bring the juvenile before the court at a time and place stated.
22Section 938.273 shall govern governs the service of a summons under this
23paragraph, except that the expense of service or publication of a summons and of the
24travelling expenses and fees as allowed in ch. 885 of a person summoned allowed in
25ch. 885
shall be a charge on the municipality of the court issuing the summons when

1approved by the court. If any person summoned under this paragraph fails without
2reasonable cause to appear, he or she may be proceeded against for contempt of court
3under s. 785.06. If a summons cannot be served or if the person served fails to obey
4the summons or if it appears to the court that the service will be ineffectual, a capias
5may be issued for the juvenile and for the parent, guardian and, or legal custodian.
AB443,76,126 (cm) Authorization for dispositions and sanctions. A city, village, or town may
7adopt an ordinance or bylaw specifying which of the dispositions under ss. 938.343
8and 938.344 and sanctions under s. 938.355 (6) (d) and (6m) the municipal court of
9that city, village, or town is authorized to impose or to petition the court assigned to
10exercise jurisdiction under this chapter and ch. 48 to impose. The use by the court
11of those dispositions and sanctions is subject to any ordinance or bylaw adopted
12under this paragraph.
AB443, s. 143 13Section 143. 938.17 (2) (d) (title) of the statutes is created to read:
AB443,76,1414 938.17 (2) (d) (title) Disposition; ordinance violations generally.
AB443, s. 144 15Section 144. 938.17 (2) (d) of the statutes is renumbered 938.17 (2) (d) 1. and
16amended to read:
AB443,76,2517 938.17 (2) (d) 1. If a municipal court finds that the juvenile violated a municipal
18ordinance other than an ordinance enacted under s. 118.163 or an ordinance that
19conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2),
20or 961.575 (2), the court shall enter any of the dispositional orders permitted under
21s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture
22imposed by the municipal court, the court may not impose a jail sentence but may
23suspend any license issued under ch. 29 for not less than 30 days nor more than 5
24years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for
25not more than 2 years.
AB443,77,6
12. If a court suspends a license or privilege under this section subd. 1., the court
2shall immediately take possession of the applicable license and forward it to the
3department that issued the license, together with the notice of suspension clearly
4stating that the suspension is for failure to pay a forfeiture imposed by the court. If
5the forfeiture is paid during the period of suspension, the court shall immediately
6notify the department, which shall thereupon then return the license to the person.
AB443, s. 145 7Section 145. 938.17 (2) (e) (title), (f) (title) and (g) (title) of the statutes are
8created to read:
AB443,77,99 938.17 (2) (e) (title) Disposition; alcohol and drug ordinance violations.
AB443,77,1010 (f) (title) Notice to victims.
AB443,77,1111 (g) (title) Disposition; truancy or school dropout ordinance violations.
AB443, s. 146 12Section 146. 938.17 (2) (h) (title) of the statutes is created to read:
AB443,77,1313 938.17 (2) (h) (title) Sanctions; dispositional order violations generally.
AB443, s. 147 14Section 147. 938.17 (2) (h) 1. and 2. of the statutes are amended to read:
AB443,78,415 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
16than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or
17her dispositional order, the municipal court may impose on the juvenile any of the
18sanctions specified in s. 938.355 (6) (d) 2. to 5. that are authorized under par. (cm)
19except for monitoring by an electronic monitoring system or . The municipal court
20may also petition the court assigned to exercise jurisdiction under this chapter and
21ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6) (d) 1. or home
22detention with monitoring by an electronic monitoring system as specified in s.
23938.355 (6) (d) 3., if authorized under par. (cm),. A sanction may be imposed under
24this subdivision only
if at the time of judgment the court explained the conditions to
25the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6)

1(d) that are authorized under par. (cm) for a violation or if before the violation the
2juvenile has acknowledged in writing that he or she has read, or has had read to him
3or her, those conditions and possible sanctions and that he or she understands those
4conditions and possible sanctions.
AB443,78,105 2. A motion requesting the municipal court to impose or petition for a sanction
6may be brought by the person or agency primarily responsible for the provision of
7dispositional services, the municipal attorney, or the court that entered the
8dispositional order. If the court initiates the motion, that court is disqualified from
9holding
may not hold a hearing on the motion. Notice of the motion shall be given
10to the juvenile and the juvenile's parent, guardian, or legal custodian.
AB443, s. 148 11Section 148. 938.17 (2) (i) (title) of the statutes is created to read:
AB443,78,1312 938.17 (2) (i) (title) Sanctions; truancy or school dropout dispositional order
13violations.
AB443, s. 149 14Section 149. 938.17 (2) (i) 1., 2m. and 3g. of the statutes are amended to read:
AB443,78,2315 938.17 (2) (i) 1. If a juvenile who has violated a municipal ordinance enacted
16under s. 118.163 (1m) violates a condition of his or her dispositional order, the
17municipal court may impose on the juvenile any of the sanctions specified in s.
18938.355 (6m) (ag),. A sanction may be imposed under this subdivision only if at the
19time of judgment the court explained the conditions to the juvenile and informed the
20juvenile of those possible sanctions or if before the violation the juvenile has
21acknowledged in writing that he or she has read, or has had read to him or her, those
22conditions and possible sanctions and that he or she understands those conditions
23and possible sanctions.
AB443,79,1124 2m. If a juvenile who has violated a municipal ordinance enacted under s.
25118.163 (2) violates a condition of his or her dispositional order, the municipal court

1may impose on the juvenile any of the sanctions specified in s. 938.355 (6m) (a) that
2are authorized under par. (cm) except for the sanction specified in s. 938.355 (6m) (a)
31g. or The municipal court may also petition the court assigned to exercise
4jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction
5specified in s. 938.355 (6m) (a) 1g., if authorized under par. (cm) ,. A sanction may
6be imposed under this subdivision only
if at the time of judgment the court explained
7the conditions to the juvenile and informed the juvenile of the possible sanctions
8under s. 938.355 (6m) (a) that are authorized under par. (cm) for a violation or if
9before the violation the juvenile has acknowledged in writing that he or she has read,
10or has had read to him or her, those conditions and possible sanctions and that he or
11she understands those conditions and possible sanctions.
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