AB443, s. 157 20Section 157. 938.18 (4) (a) and (b) of the statutes are amended to read:
AB443,81,2421 938.18 (4) (a) The court shall determine whether the matter has prosecutive
22merit before proceeding to determine if it should waive jurisdiction. If the court
23determines that the matter does not have prosecutive merit, the court shall deny the
24petition for waiver.
AB443,82,4
1(b) If a petition for waiver of jurisdiction is contested, the district attorney shall
2present relevant testimony and
the court, after taking relevant that testimony which
3the district attorney shall present
and considering other relevant evidence, shall
4base its decision whether to waive jurisdiction on the criteria specified in sub. (5).
Note: Clarifies s. 938.18 (4) (a), stats., by providing that the juvenile court must
deny the petition for waiver if it determines that the matter does not have prosecutive
merit.
AB443, s. 158 5Section 158. 938.18 (5) (title) of the statutes is created to read:
AB443,82,66 938.18 (5) (title) Criteria for waiver.
AB443, s. 159 7Section 159. 938.18 (5) (a) of the statutes is amended to read:
AB443,82,168 938.18 (5) (a) The personality and prior record of the juvenile, including
9whether the juvenile is mentally ill or developmentally disabled, whether the court
10has previously waived its jurisdiction over the juvenile, whether the juvenile has
11been previously convicted following a waiver of the court's jurisdiction or has been
12previously found delinquent, whether such conviction or delinquency involved the
13infliction of serious bodily injury, the juvenile's motives and attitudes
has a mental
14illness or developmental disability
, the juvenile's physical and mental maturity, and
15the juvenile's pattern of living, prior offenses, prior treatment history, and apparent
16potential for responding to future treatment.
Note: The stricken language beginning with "whether the court..." is included in
s. 938.18 (5) (am), stats., as created by this bill.
AB443, s. 160 17Section 160. 938.18 (5) (am) of the statutes is created to read:
AB443,83,218 938.18 (5) (am) The prior record of the juvenile, including whether the court has
19previously waived its jurisdiction over the juvenile, whether the juvenile has been
20previously convicted following a waiver of the court's jurisdiction or has been
21previously found delinquent, whether such conviction or delinquency involved the

1infliction of serious bodily injury, the juvenile's motives and attitudes, and the
2juvenile's prior offenses.
AB443, s. 161 3Section 161. 938.18 (5) (b) of the statutes is amended to read:
AB443,83,64 938.18 (5) (b) The type and seriousness of the offense, including whether it was
5against persons or property, and the extent to which it was committed in a violent,
6aggressive, premeditated or willful manner, and its prosecutive merit.
Note: Deletes the reference to "prosecutive merit" in s. 938.18 (5) (b), stats.,
because the determination of whether the matter before the court has prosecutive merit
is governed by s. 938.18 (4) (a), stats.
AB443, s. 162 7Section 162. 938.18 (6) of the statutes is amended to read:
AB443,83,158 938.18 (6) Decision on waiver. After considering the criteria under sub. (5),
9the court shall state its finding with respect to the criteria on the record, and, if the
10court determines on the record that it there is established by clear and convincing
11evidence that it would be is contrary to the best interests of the juvenile or of the
12public to hear the case, the court shall enter an order waiving jurisdiction and
13referring the matter to the district attorney for appropriate proceedings in the court
14of criminal jurisdiction, and the. After the order, the court of criminal jurisdiction
15thereafter has exclusive jurisdiction.
AB443, s. 163 16Section 163. 938.18 (7) (title), (8) (title) and (9) (title) of the statutes are
17created to read:
AB443,83,1818 938.18 (7) (title) Juvenile who absconds.
AB443,83,19 19(8) (title) Transfer to adult facility; bail.
AB443,83,20 20(9) (title) Criminal charge.
AB443, s. 164 21Section 164. 938.183 (1) (title) of the statutes is created to read:
AB443,83,2222 938.183 (1) (title) Juveniles under adult court jurisdiction.
AB443, s. 165 23Section 165. 938.183 (1) (a) and (am) of the statutes are amended to read:
AB443,84,6
1938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is
2alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured juvenile
3correctional facility, a secure juvenile detention facility, a secured child caring
4institution
or a secured group home residential care center for children and youth
5or who has been adjudicated delinquent and who is alleged to have committed a
6violation of s. 940.20 (2m).
AB443,84,97 (am) A juvenile who is alleged to have attempted or committed a violation of
8s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the
9juvenile's 10th birthday, but before the juvenile's 15th birthday.
Note: This language is deleted to reflect the reorganization of s. 938.183 (1m) and
(2), stats., by this bill.
AB443, s. 166 10Section 166. 938.183 (1m) (intro.) and (c) 1. and 2. of the statutes are amended
11to read:
AB443,84,1512 938.183 (1m) Criminal penalties and procedures. (intro.) Notwithstanding
13subchs. IV to VI, a juvenile described in sub. (1) is subject to the procedures specified
14in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile
15is alleged to have committed except as follows:
AB443,84,2316 (c) 1. The Except as provided in subd. 3., the court of criminal jurisdiction finds
17that the juvenile has committed a lesser offense or a joined offense that is not a
18violation of s. 940.20 (1) or (2m) or 946.43 under the circumstances described in sub.
19(1) (a), that is not an attempt to violate s. 940.01 under the circumstances described
20in sub. (1) (am), that is not a violation of s. 940.02 or 940.05 under the circumstances
21described in sub. (1) (am), and that is not an offense for which the court assigned to
22exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the
23juvenile under s. 938.18.
AB443,85,11
12. The Except as provided in subd. 3., the court of criminal jurisdiction finds
2that the juvenile has committed a lesser offense or a joined offense that is a violation
3of s. 940.20 (1) or (2m) or 946.43 under the circumstances described in sub. (1) (a),
4that is an attempt to violate s. 940.01 under the circumstances described in sub. (1)
5(am), that is a violation of s. 940.02 or 940.05 under the circumstances described in
6sub. (1) (am), or that is an offense for which the court assigned to exercise jurisdiction
7under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s.
8938.18 and the court of criminal jurisdiction, after considering the criteria specified
9in s. 938.18 (5), determines that the juvenile has proved by clear and convincing
10evidence that it would be in the best interests of the juvenile and of the public to
11adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34.
AB443, s. 167 12Section 167. 938.183 (2) of the statutes is renumbered 938.183 (1m) (c) 3. and
13amended to read:
AB443,86,1614 938.183 (1m) (c) 3. Notwithstanding ss. 938.12 (1) and 938.18, courts of
15criminal jurisdiction have exclusive original jurisdiction over
For a juvenile who is
16alleged to have attempted or committed a violation of s. 940.01 or to have committed
17a violation of s. 940.02 or 940.05 on or after the juvenile's 15th birthday.
18Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction also have
19exclusive original jurisdiction over a juvenile specified in the preceding sentence who
20is alleged to have attempted or committed a violation of any state law in addition to
21the violation alleged under the preceding sentence if the violation alleged under this
22sentence and the violation alleged under the preceding sentence may be joined under
23s. 971.12 (1). Notwithstanding subchs. IV to VI, a juvenile who is alleged to have
24attempted or committed a violation of s. 940.01 or to have committed a violation of
25s. 940.02 or 940.05 on or after the juvenile's 15th birthday and a juvenile who is

1alleged to have attempted or committed a violation of any state criminal law, if that
2violation and an attempt to commit a violation of s. 940.01 or the commission of a
3violation of s. 940.01, 940.02 or 940.05 may be joined under s. 971.12 (1), is subject
4to the procedures specified in chs. 967 to 979 and the criminal penalties provided for
5the crime that the juvenile is alleged to have committed, except that the court of
6criminal jurisdiction shall, in lieu of convicting the juvenile, adjudge the juvenile to
7be delinquent and impose a disposition specified in s. 938.34 if
, the court of criminal
8jurisdiction finds that the juvenile has committed a lesser offense than the offense
9alleged under this subsection or has committed an offense that is joined under s.
10971.12 (1) to an attempt to commit a violation of s. 940.01 or to the commission of a
11violation of s. 940.01, 940.02 or 940.05, but
has not attempted to commit a violation
12of s. 940.01 or committed a violation of s. 940.01, 940.02, or 940.05, and the court of
13criminal jurisdiction, after considering the criteria specified in under s. 938.18 (5),
14determines that the juvenile has proved by clear and convincing evidence that it
15would be in the best interests of the juvenile and of the public to adjudge the juvenile
16to be delinquent and impose a disposition specified in under s. 938.34.
AB443, s. 168 17Section 168. 938.183 (3) of the statutes is amended to read:
AB443,87,218 938.183 (3) Placement in state prison; parole. When a juvenile who is subject
19to a criminal penalty under sub. (1m) or (2) or s. 938.183 (2), 2003 stats., attains the
20age of 17 years, the department may place the juvenile in a state prison named in s.
21302.01, except that the department may not place any person under the age of 18
22years in the correctional institution authorized in s. 301.16 (1n). If a juvenile who
23is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the
24department may transfer the juvenile to the Racine youthful offender correctional
25facility named in s. 302.01 as provided in s. 938.357 (4) (d).
A juvenile who is subject

1to a criminal penalty under sub. (1m) or (2) or under s. 938.183 (2), 2003 stats., for
2an act committed before December 31, 1999, is eligible for parole under s. 304.06.
Note: Deletes the second-to-last sentence because the authority to transfer
juveniles to the Racine Youthful Offender Correctional Facility under s. 938.357 (4) (d),
stats., is repealed in this bill. See the Note to s. 938.357 (4) (d), stats., as affected by this
bill.
AB443, s. 169 3Section 169. 938.183 (4) (title) of the statutes is created to read:
AB443,87,44 938.183 (4) (title) Child support.
AB443, s. 170 5Section 170. 938.185 (1) (title) of the statutes is created to read:
AB443,87,66 938.185 (1) (title) Proceedings generally.
AB443, s. 171 7Section 171. 938.185 (2) of the statutes is amended to read:
AB443,87,138 938.185 (2) Revision and extension of orders. Venue for any proceeding under
9s. 938.363 or 938.365 shall be in the county where the dispositional order was issued,
10unless the juvenile's county of residence has changed, or the parent of the juvenile
11has resided in a different county of this state for at least 6 months. In either case,
12the court may, upon a motion and for good cause shown, transfer the case, along with
13all appropriate records, to the county of residence of the juvenile or parent.
AB443, s. 172 14Section 172. 938.185 (3) (title) and (4) (title) of the statutes are created to read:
AB443,87,1515 938.185 (3) (title) Sex offender registry violations.
AB443,87,16 16(4) (title) American Indian juveniles.
AB443, s. 173 17Section 173. 938.19 (1) (title) of the statutes is created to read:
AB443,87,1818 938.19 (1) (title) Criteria.
AB443, s. 174 19Section 174. 938.19 (1) (b) and (c) of the statutes are amended to read:
AB443,87,2020 938.19 (1) (b) A capias issued by a judge court under s. 938.28.
AB443,88,221 (c) An A court order of the judge if made upon there is a showing satisfactory
22to the judge
that the welfare of the juvenile demands that the juvenile be

1immediately removed from his or her present custody. The order shall specify that
2the juvenile be held in custody under s. 938.207.
AB443, s. 175 3Section 175. 938.19 (1) (d) 1., 6. and 7. of the statutes are amended to read:
AB443,88,54 938.19 (1) (d) 1. A capias or a warrant for the juvenile's apprehension has been
5issued in this state, or that the juvenile is a fugitive from justice.
AB443,88,116 6. The juvenile has violated a condition of court-ordered supervision or
7aftercare supervision administered by the department or a county department, a
8condition of the juvenile's placement in a Type 2 secured juvenile correctional facility
9or a Type 2 child caring institution residential care center for children and youth, or
10a condition of the juvenile's participation in the intensive supervision program under
11s. 938.534.
AB443,88,1312 7. The juvenile has violated the conditions of an order under s. 938.21 (4) or the
13conditions
of an order for temporary physical custody issued by an intake worker.
AB443, s. 176 14Section 176. 938.19 (1m) and (2) of the statutes are amended to read:
AB443,88,2015 938.19 (1m) Truancy. A juvenile who is absent from school without an
16acceptable excuse under s. 118.15 may be taken into custody by an individual
17designated under s. 118.16 (2m) (a) if the school attendance officer of the school
18district in which the juvenile resides, or the juvenile's parent, guardian, or legal
19custodian, requests that the juvenile be taken into custody. The request shall
20specifically identify the juvenile.
AB443,89,5 21(2) Notification of parent, guardian, legal custodian. When a juvenile is
22taken into physical custody as provided in under this section, the person taking the
23juvenile into custody shall immediately attempt to notify the parent, guardian, and
24legal custodian of the juvenile by the most practical means. The person taking the
25juvenile into custody shall continue such attempt until the parent, guardian, and

1legal custodian of the juvenile are notified, or the juvenile is delivered to an intake
2worker under s. 938.20 (3), whichever occurs first. If the juvenile is delivered to the
3intake worker before the parent, guardian, and legal custodian are notified, the
4intake worker, or another person at his or her direction, shall continue the attempt
5to notify until the parent, guardian, and legal custodian of the juvenile are notified.
AB443, s. 177 6Section 177. 938.19 (3) (title) of the statutes is created to read:
AB443,89,77 938.19 (3) (title) Not an arrest.
AB443, s. 178 8Section 178. 938.20 (2) (title) of the statutes is created to read:
AB443,89,99 938.20 (2) (title) Release of juvenile.
AB443, s. 179 10Section 179. 938.20 (2) (cm) and (d) of the statutes are amended to read:
AB443,89,1711 938.20 (2) (cm) If the juvenile has violated a condition of aftercare supervision
12administered by the department or a county department, a condition of the juvenile's
13placement in a Type 2 secured juvenile correctional facility or a Type 2 child caring
14institution
residential care center for children and youth, or a condition of the
15juvenile's participation in the intensive supervision program under s. 938.534, the
16person who took the juvenile into custody may release the juvenile to the department
17or county department, whichever has supervision over the juvenile.
AB443,89,1918 (d) If the juvenile is a runaway, the person who took the juvenile into custody
19may release the juvenile to a home authorized under s. 48.227.
AB443, s. 180 20Section 180. 938.20 (3) of the statutes is amended to read:
AB443,90,821 938.20 (3) Notification to parent, guardian, legal custodian of release. If
22the juvenile is released under sub. (2) (b) to (d) or (g), the person who took the juvenile
23into custody shall immediately notify the juvenile's parent, guardian , and legal
24custodian of the time and circumstances of the release and the person, if any, to whom
25the juvenile was released. If the juvenile is not released under sub. (2), the person

1who took the juvenile into custody shall arrange in a manner determined by the court
2and law enforcement agencies for the juvenile to be interviewed by the intake worker
3under s. 938.067 (2), and. The person who took the juvenile into custody shall make
4a statement in writing with supporting facts of the reasons why the juvenile was
5taken into physical custody and shall give any juvenile 10 years of age or older a copy
6of the statement in addition to giving a copy to the intake worker. When and to any
7juvenile 10 years of age or older. If
the intake interview is not done in person, the
8report may be read to the intake worker.
AB443, s. 181 9Section 181. 938.20 (4) (title) of the statutes is created to read:
AB443,90,1010 938.20 (4) (title) Delivery to hospital or physician.
AB443, s. 182 11Section 182. 938.20 (5) of the statutes is amended to read:
AB443,90,1912 938.20 (5) (title) Emergency detention of juvenile. If the juvenile is believed
13to have a mental illness or developmental disability or to be mentally ill, drug
14dependent or developmentally disabled, and exhibits conduct which that constitutes
15a substantial probability of physical harm to the juvenile or to others, or a very
16substantial probability of physical impairment or injury to the juvenile exists due to
17the impaired judgment of the juvenile, and if the standards of s. 51.15 are met, the
18person taking the juvenile into physical custody, the intake worker , or other
19appropriate person shall proceed under s. 51.15.
AB443, s. 183 20Section 183. 938.20 (6) (title) and (7) (title) of the statutes are created to read:
AB443,90,2121 938.20 (6) (title) Delivery of intoxicated juvenile.
AB443,90,22 22(7) (title) Duties of intake worker.
AB443, s. 184 23Section 184. 938.20 (7) (a) and (b) of the statutes are amended to read:
AB443,91,224 938.20 (7) (a) When a juvenile who is possibly involved in a delinquent act is
25interviewed by an intake worker, the intake worker shall inform any the juvenile

1possibly involved in a delinquent act of his or her right to counsel and the right
2against self-incrimination.
AB443,91,73 (b) The intake worker shall review the need to hold the juvenile in custody and
4shall make every effort to release the juvenile from custody as provided in par. (c).
5The intake worker shall base his or her decision as to whether to release the juvenile
6or to continue to hold the juvenile in custody on the criteria specified in under s.
7938.205 and criteria established under s. 938.06 (1) or (2).
AB443, s. 185 8Section 185. 938.20 (7) (c) 1., 1m. and 2. of the statutes are amended to read:
AB443,91,149 938.20 (7) (c) 1. To a parent, guardian, or legal custodian, or, to a responsible
10adult
if the parent, guardian, or legal custodian is unavailable, unwilling, or unable
11to provide supervision for the juvenile, release the juvenile to a responsible adult,
12counseling or warning the juvenile as may be appropriate, ; or, if the juvenile is 15
13years of age or older, release the juvenile without immediate adult supervision,
14counseling or warning the juvenile as may be appropriate.
AB443,91,2015 1m. In the case of a juvenile who has violated a condition of aftercare
16supervision administered by the department or a county department, a condition of
17the juvenile's placement in a Type 2 secured juvenile correctional facility or a Type
182 child caring institution residential care center for children and youth, or a condition
19of the juvenile's participation in the intensive supervision program under s. 938.534,
20to the department or county department, whichever has supervision of the juvenile.
AB443,91,2121 2. In the case of a runaway juvenile, to a home authorized under s. 48.227.
AB443, s. 186 22Section 186. 938.20 (8) (title) of the statutes is created to read:
AB443,91,2323 938.20 (8) (title) Notification that held in custody.
AB443, s. 187 24Section 187. 938.20 (8) of the statutes is renumbered 938.20 (8) (a) and
25amended to read:
AB443,92,17
1938.20 (8) (a) If a juvenile is held in custody, the intake worker shall notify the
2juvenile's parent, guardian, and legal custodian of the reasons for holding the
3juvenile in custody and of the juvenile's whereabouts unless there is reason to believe
4that notice would present imminent danger to the juvenile. If a juvenile who has
5violated a condition of aftercare supervision administered by the department or a
6county department, a condition of the juvenile's placement in a Type 2 secured
7correctional facility or a Type 2 child caring institution, or a condition of the juvenile's
8participation in the intensive supervision program under s. 938.534 is held in
9custody, the intake worker shall also notify the department or county department,
10whichever has supervision over the juvenile, of the reasons for holding the juvenile
11in custody, of the juvenile's whereabouts, and of the time and place of the detention
12hearing required under s. 938.21.
The parent, guardian, and legal custodian shall
13also be notified of the time and place of the detention hearing required under s.
14938.21, the nature and possible consequences of that the hearing, and the right to
15present and cross-examine witnesses at the hearing. If the parent, guardian, or
16legal custodian is not immediately available, the intake worker or another person
17designated by the court shall provide notice as soon as possible. When
AB443,92,21 18(b) If the juvenile is alleged to have committed a delinquent act, the juvenile
19shall receive the same notice about the detention hearing as the parent, guardian,
20or legal custodian. The intake worker shall notify both the juvenile and the juvenile's
21parent, guardian, or legal custodian.
Note: The stricken language in s. 938.20 (8) (a), stats., is included in new s. 938.20
(8) (c), stats., as created by this bill.
AB443, s. 188 22Section 188. 938.20 (8) (c) of the statutes is created to read:
AB443,93,9
1938.20 (8) (c) If a juvenile who has violated a condition of aftercare supervision
2administered by the department or a county department, a condition of the juvenile's
3placement in a Type 2 juvenile correctional facility or a Type 2 residential care center
4for children and youth, or a condition of the juvenile's participation in the intensive
5supervision program under s. 938.534 is held in custody, the intake worker shall also
6notify the department or county department, whichever has supervision over the
7juvenile, of the reasons for holding the juvenile in custody, of the juvenile's
8whereabouts, and of the time and place of the detention hearing required under s.
9938.21.
AB443, s. 189 10Section 189. 938.205 of the statutes is amended to read:
AB443,93,14 11938.205 Criteria for holding a juvenile in physical custody. (1) Criteria.
12A juvenile may be held under s. 938.207, 938.208, or 938.209 (1) if the intake worker
13determines that there is probable cause to believe the juvenile is within the
14jurisdiction of the court and if probable cause exists to believe any of the following:
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