AB443,122,1111 938.245 (2) (a) 8. (title) `Teen court program.'
AB443, s. 252 12Section 252. 938.245 (2) (a) 8. c. of the statutes is amended to read:
AB443,122,1513 938.245 (2) (a) 8. c. The juvenile admits to the intake worker, with in the
14presence of
the juvenile's parent, guardian, or legal custodian present, that the
15juvenile committed the alleged delinquent act or civil law or ordinance violation.
AB443, s. 253 16Section 253. 938.245 (2) (a) 9m. (title), (b) (title) and (c) (title) of the statutes
17are created to read:
AB443,122,1818 938.245 (2) (a) 9m. (title) `Youth report center.'
AB443,122,1919 (b) (title) No out-of-home placement; term of agreement.
AB443,122,2020 (c) (title) Alcohol or other drug abuse treatment; informed consent.
AB443, s. 254 21Section 254. 938.245 (2g) to (4) of the statutes are amended to read:
AB443,123,422 938.245 (2g) Graffiti violation. If the deferred prosecution agreement is
23based on an allegation that the juvenile violated s. 943.017 and the juvenile has
24attained the minimum age at which a juvenile may be adjudicated delinquent 10
25years of age
, the deferred prosecution agreement may require that the juvenile

1participate for not less than 10 hours nor more than 100 hours in a supervised work
2program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100
3hours of other community service work, except that if the juvenile has not attained
414 years of age the maximum number of hours is 40.
AB443,123,8 5(2v) Habitual truancy violation. If the deferred prosecution agreement is
6based on an allegation that the juvenile has violated a municipal ordinance enacted
7under s. 118.163 (2), the deferred prosecution agreement may require that the
8juvenile's parent, guardian, or legal custodian attend school with the juvenile.
AB443,123,13 9(3) Obligations in writing. The obligations imposed under a deferred
10prosecution agreement and its effective date shall be set forth in writing. The intake
11worker shall provide a copy of the agreement and order to the
juvenile and a, to the
12juvenile's
parent, guardian, and legal custodian shall receive a copy of the agreement
13and order, as shall
, and to any agency providing services under the agreement.
AB443,123,21 14(4) Right to terminate or object to agreement. The intake worker shall
15inform the juvenile and the juvenile's parent, guardian, and legal custodian in
16writing of their right to terminate the deferred prosecution agreement at any time
17or to object at any time to the fact or terms of the deferred prosecution agreement.
18If there is an objection arises, the intake worker may alter the terms of the agreement
19or request the district attorney or corporation counsel to file a petition. If the
20deferred prosecution agreement is terminated the intake worker may request the
21district attorney or corporation counsel to file a petition.
AB443, s. 255 22Section 255. 938.245 (5) (title) of the statutes is created to read:
AB443,123,2323 938.245 (5) (title) Termination upon request.
AB443, s. 256 24Section 256. 938.245 (6) to (9) of the statutes are amended to read:
AB443,124,5
1938.245 (6) Termination if delinquency petition filed. A deferred prosecution
2agreement arising out of an alleged delinquent act is terminated if the district
3attorney files a delinquency petition within 20 days after receipt of notice of the
4deferred prosecution agreement under s. 938.24 (5). In such case If a petition is filed,
5statements made to the intake worker during the intake inquiry are inadmissible.
AB443,124,18 6(7) Cancellation by intake worker. (a) If at any time during the period of a
7deferred prosecution agreement the intake worker determines that the obligations
8imposed under it are not being met, the intake worker may cancel the deferred
9prosecution
agreement. Within 10 days after the cancellation of the deferred
10prosecution
agreement is cancelled, the intake worker shall notify the district
11attorney, corporation counsel, or other official under s. 938.09 of the cancellation and
12may request that a petition be filed. In delinquency cases, the district attorney may
13initiate a petition within 20 days after the date of the notice regardless of whether
14the intake worker has requested that a petition be filed. The judge court shall grant
15appropriate relief as provided in s. 938.315 (3) with respect to any petition which that
16is not filed within the time limit specified in this subsection paragraph. Failure to
17object if a petition is not filed within the time limit specified in this subsection
18paragraph waives that time limit.
AB443,125,719 (b) In addition to the action taken under par. (a), if the intake worker cancels
20a deferred prosecution agreement based on a determination that the juvenile's
21parent, guardian, or legal custodian is not meeting the obligations imposed under the
22agreement, the intake worker shall request the district attorney, corporation
23counsel, or other official under s. 938.09 to file a petition requesting the court to order
24the juvenile's parent, guardian, or legal custodian to show good cause for not meeting
25the obligations imposed under the agreement. If the district attorney, corporation

1counsel or other official under s. 938.09 files
. If a petition under this paragraph is
2filed
and if the court finds prosecutive merit for the petition, the court shall grant an
3order directing the parent, guardian, or legal custodian to show good cause, at a time
4and place fixed by the court, for not meeting the obligations imposed under the
5agreement
. If the parent, guardian or legal custodian does not show good cause for
6not meeting the obligations imposed under the agreement
, the court may impose a
7forfeiture not to exceed $1,000.
AB443,125,13 8(8) When obligations met. If the obligations imposed under the deferred
9prosecution agreement are met, the intake worker shall so inform the juvenile and
10a parent, guardian, and legal custodian in writing , and no. No petition may be filed
11or citation issued on the charges that brought about the deferred prosecution
12agreement nor may and the charges may not be the sole basis for a petition under
13s. 48.13, 48.133, 48.14, 938.13, or 938.14.
AB443,125,16 14(9) Written policies. The intake worker shall perform his or her
15responsibilities under this section under general written policies which the judge
16shall promulgate
promulgated under s. 938.06 (1) or (2).
AB443, s. 257 17Section 257. 938.25 (1) to (2m) of the statutes are amended to read:
AB443,126,218 938.25 (1) Requirements; who may file . A petition initiating proceedings
19under this chapter shall be signed by a person who has knowledge of the facts alleged
20or is informed of them and believes them to be true. If The district attorney shall
21prepare, sign, and file
a petition under s. 938.12 is to be filed, it shall be prepared,
22signed and filed by the district attorney
. The district attorney, corporation counsel,
23or other appropriate official specified under s. 938.09 may file the a petition if the
24proceeding is
under s. 938.125 or 938.13. The counsel or guardian ad litem for a
25parent, relative, guardian, or juvenile may file a petition under s. 938.13 or 938.14.

1The district attorney, corporation counsel or other appropriate person designated by
2the court may initiate proceedings under s. 938.14 in a manner specified by the court.
AB443,126,25 3(2) Time limits; referral back. (a) The district attorney, corporation counsel,
4or other appropriate official shall file the petition, close the case, or refer the case
5back to intake or, with notice to intake, the law enforcement agency investigating the
6case within 20 days after the date that the intake worker's request was filed. A
7referral back to intake or to the law enforcement agency investigating the case may
8be made only when the district attorney, corporation counsel, or other appropriate
9official decides not to file a petition or determines that further investigation is
10necessary. If the case is referred back to intake upon a decision not to file a petition,
11the intake worker shall close the case or enter into a deferred prosecution agreement
12within 20 days after the date of the referral. If the case is referred back to intake or
13to the law enforcement agency investigating the case for further investigation, the
14appropriate agency or person shall complete the investigation within 20 days after
15the date of the referral
. If another referral is made to the district attorney,
16corporation counsel, or other appropriate official by intake or by the law enforcement
17agency investigating the case, it shall be considered a new referral to which the time
18limits of this subsection shall apply. The time limits in this subsection may only be
19extended by a judge court upon a showing of good cause under s. 938.315. If a petition
20is not filed within the time limitations set forth limits in this subsection and the court
21has not granted an extension, the petition shall be accompanied by a statement of
22reasons for the delay. The court shall grant appropriate relief as provided in s.
23938.315 (3) with respect to a petition which that is not filed within the time limits
24specified in this paragraph. Failure to object if a petition is not filed within the time
25limits specified in this paragraph waives those time limits.
AB443,127,11
1(b) In delinquency cases where in which there has been a case closure or
2deferred prosecution agreement, the petition shall be filed within 20 days of after
3receipt of the notice of the closure or deferred prosecution agreement. Failure to file
4within those 20 days invalidates the petition and affirms the case closure or deferred
5prosecution
agreement, except that the court shall grant appropriate relief as
6provided in s. 938.315 (3) with respect to a petition that is not filed within the time
7limit specified in this paragraph and that failure to object if a petition is not filed
8within the time limit specified in this paragraph waives that time limit. If a petition
9is filed within those 20 days or the time permitted by the court under s. 938.315 (3),
10whichever is later, the district attorney shall notify the parties to the agreement and
11the intake worker of the filing as soon as possible.
AB443,127,21 12(2g) American Indian juvenile; consultation with tribal court. If the
13circumstances described in s. 938.24 (2r) (a) apply, before filing a petition under s.
14938.12 or 938.13 (12) the district attorney or corporation counsel shall determine
15whether the intake worker has received notification under s. 938.24 (2r) (b) from a
16tribal official that a petition relating to the alleged delinquent act has been or may
17be filed in tribal court. If the intake worker has received that the notification or if
18a tribal official has provided that the notification directly to the district attorney or
19corporation counsel, the district attorney or corporation counsel shall attempt to
20consult with appropriate tribal officials before filing a petition under s. 938.12 or
21938.13 (12).
AB443,128,2 22(2m) Notice to victims if no petition filed. If a juvenile is alleged to be
23delinquent under s. 938.12 or to be in need of protection or services under s. 938.13
24(12) and the district attorney or corporation counsel decides not to file a petition, the
25district attorney or corporation counsel shall make a reasonable attempt to inform

1all of the known victims of the juvenile's act that a petition will not be filed against
2the juvenile at that time.
AB443, s. 258 3Section 258. 938.25 (3) of the statutes is amended to read:
AB443,128,94 938.25 (3) Court order for filing of petition. If the district attorney,
5corporation counsel, or other appropriate official under s. 938.09 refuses to file a
6petition, any person may request the judge court to order that the petition be filed
7and a hearing shall be held on the request. The judge court may order the filing of
8the petition on his or her its own motion. The matter may not be heard by the judge
9who
court that orders the filing of a petition.
AB443, s. 259 10Section 259. 938.25 (4) (title), (5) (title) and (6) (title) of the statutes are
11created to read:
AB443,128,1212 938.25 (4) (title) Time limit on prosecution.
AB443,128,13 13(5) (title) Citation as initial pleading.
AB443,128,14 14(6) (title) Temporary restraining order and injunction.
AB443, s. 260 15Section 260. 938.255 (1) (intro.), (c) and (cm) of the statutes are amended to
16read:
AB443,128,2317 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
18under this chapter, other than a petition initiating proceedings under s. 938.12,
19938.125, or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a
20person under the age of 18". A petition initiating proceedings under s. 938.12,
21938.125, or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person
22under the age of 17". A petition initiating proceedings under this chapter shall set
23forth with specificity
specify all of the following:
AB443,129,224 (c) Whether the juvenile is in custody, and, if so, the place where the juvenile
25is being held and the time he or she was taken into custody unless there is reasonable

1cause to believe that such disclosure disclosures would result in imminent danger to
2the juvenile or physical custodian.
AB443,129,53 (cm) If the petition is initiating proceedings other than proceedings under s.
4938.12, 938.125 or 938.13 (12), whether the juvenile may be subject to the federal
5Indian child welfare act Child Welfare Act, 25 USC 1901 to 1963.
AB443, s. 261 6Section 261. 938.255 (2) (title) of the statutes is created to read:
AB443,129,77 938.255 (2) (title) Facts not known.
AB443, s. 262 8Section 262. 938.255 (3) of the statutes is amended to read:
AB443,129,119 938.255 (3) If certain information not stated. If the information required
10under sub. (1) (d) or (e) is not stated the petition shall be dismissed or amended under
11s. 938.263 (2) or dismissed.
AB443, s. 263 12Section 263. 938.255 (4) (title) of the statutes is created to read:
AB443,129,1313 938.255 (4) (title) Copy to juvenile, parents, and others.
AB443, s. 264 14Section 264. 938.263 (1) (title) of the statutes is created to read:
AB443,129,1515 938.263 (1) (title) To cure defect.
AB443, s. 265 16Section 265. 938.263 (2) (title) of the statutes is created to read:
AB443,129,1717 938.263 (2) (title) Before or after plea.
AB443, s. 266 18Section 266. 938.265 of the statutes is amended to read:
AB443,130,5 19938.265 Consultation with victims. In a case in which the juvenile is alleged
20to be delinquent under s. 938.12 or to be in need of protection or services under s.
21938.13 (12), the district attorney or corporation counsel shall, as soon as practicable
22but in any event before the plea hearing under s. 938.30, offer all of the victims of the
23juvenile's alleged act who have so requested the opportunity an opportunity to confer
24with the district attorney or corporation counsel concerning the possible outcomes
25of the proceeding against the juvenile, including potential plea agreements and

1recommendations that the district attorney or corporation counsel may make
2concerning dispositions under s. 938.34 or 938.345. The duty to offer an opportunity
3to
confer under this section does not limit the obligation of the district attorney or
4corporation counsel to exercise his or her discretion concerning the handling of the
5proceeding against the juvenile.
AB443, s. 267 6Section 267. 938.27 (1) (title), (2) (title) and (3) (title) of the statutes are
7created to read:
AB443,130,88 938.27 (1) (title) Summons; when issued.
AB443,130,9 9(2) (title) Summons; necessary persons.
AB443,130,10 10(3) (title) Notice of hearings.
AB443, s. 268 11Section 268. 938.27 (3) (a) 1. of the statutes is amended to read:
AB443,130,2512 938.27 (3) (a) 1. The court shall also notify, under s. 938.273, the juvenile, any
13parent, guardian, and legal custodian of the juvenile, any foster parent, treatment
14foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, and
15any person specified in par. (b), if applicable, of all hearings involving the juvenile
16under this subchapter, except hearings on motions for which notice need only must
17be provided only to the juvenile and his or her counsel. Where If parents entitled to
18notice have the same place of residence, notice to one shall constitute constitutes
19notice to the other. The first notice to any interested party, foster parent, treatment
20foster parent, or other physical custodian described in s. 48.62 (2) shall be written
21in writing and may have a copy of the petition attached to it. Thereafter, notice of
22Notices of subsequent hearings may be given by telephone at least 72 hours before
23the time of the hearing. The person giving telephone notice shall place in the case
24file a signed statement of the date and time notice was given and the person to whom
25he or she spoke.
AB443, s. 269
1Section 269. 938.27 (4) (title) of the statutes is created to read:
AB443,131,22 938.27 (4) (title) Contents of notice.
AB443, s. 270 3Section 270. 938.27 (4m), (5) and (6) of the statutes are amended to read:
AB443,131,134 938.27 (4m) Notice to victims. The district attorney or corporation counsel
5shall make a reasonable attempt to contact any known victim or alleged victim of a
6juvenile's act or alleged act to inform them of the right to receive notice of any hearing
7under this chapter involving the juvenile. If a victim or alleged victim indicates that
8he or she wishes to receive that notice of any hearing under this chapter involving
9the juvenile
, the district attorney or corporation counsel shall make a reasonable
10attempt to notify, under s. 938.273, that victim or alleged victim of any hearing under
11this chapter involving the juvenile. Any failure Failure to comply with this
12subsection is not a ground for an appeal of a judgment or dispositional order or for
13any court to reverse or modify a judgment or dispositional order.
AB443,131,18 14(5) Notice to biological fathers. Subject to sub. (3) (b), the court shall make
15every reasonable effort efforts to identify and notify any person who has filed a
16declaration of interest under s. 48.025 and any person who has been adjudged to be
17the biological father of the juvenile in a judicial proceeding unless the biological
18father's rights have been terminated.
AB443,132,2 19(6) Interstate compact proceedings; notice and summons. When a proceeding
20is initiated under s. 938.14, all interested parties shall receive notice and appropriate
21summons shall be issued in a manner specified by the court, consistent with
22applicable governing statutes. In addition, if
. If the juvenile who is the subject of
23the proceeding is in the care of a foster parent, treatment foster parent, or other
24physical custodian described in s. 48.62 (2), the court shall give the foster parent,

1treatment foster parent, or other physical custodian notice and an opportunity to be
2heard as provided in sub. (3) (a).
AB443, s. 271 3Section 271. 938.27 (7) (title) and (8) (title) of the statutes are created to read:
AB443,132,44 938.27 (7) (title) Citations as notice.
AB443,132,5 5(8) (title) Reimburse legal counsel costs in certain cases; notice.
AB443, s. 272 6Section 272. 938.273 (1) (title) of the statutes is created to read:
AB443,132,77 938.273 (1) (title) Methods of service; continuance.
AB443, s. 273 8Section 273. 938.273 (1) of the statutes is renumbered 938.273 (1) (a) and
9amended to read:
AB443,132,1910 938.273 (1) (a) Service of summons or notice required by s. 938.27 may be made
11by mailing a copy thereof to the persons summoned or notified. If the persons, other
12than a person specified in s. 938.27 (4m), fail to appear at the hearing or otherwise
13to acknowledge service, a continuance shall be granted, except where the court
14determines otherwise because the juvenile is in secure custody
as provided under
15par. (b)
, and service shall be made personally by delivering to the persons a copy of
16the summons or notice; except that if the court is satisfied determines that it is
17impracticable to serve the summons or notice personally, it may make an order
18providing for the service of the summons or notice by certified mail addressed to the
19last-known addresses of the persons.
AB443,132,23 20(b) The court may refuse to grant a continuance when the juvenile is being held
21in secure custody, but in such a case the court if the court so refuses, it shall order
22that service of notice of the next hearing be made personally or by certified mail to
23the last-known address of the person who failed to appear at the hearing.
AB443,133,3 24(c) Personal service shall be made at least 72 hours before the time of the
25hearing. Mail shall be sent at least 7 days before the time of the hearing, except

1where that when the petition is filed under s. 938.13 and the person to be notified
2lives outside the state, in which case the mail shall be sent at least 14 days before
3the time of the hearing.
AB443, s. 274 4Section 274. 938.273 (2) (title) and (3) (title) of the statutes are created to read:
AB443,133,55 938.273 (2) (title) By whom made.
AB443,133,6 6(3) (title) Expenses; charge on county.
AB443, s. 275 7Section 275. 938.275 (1) (title) of the statutes is created to read:
AB443,133,88 938.275 (1) (title) Expense of custody, services, sanctions, or placement.
AB443, s. 276 9Section 276. 938.275 (1) (c) of the statutes is amended to read:
AB443,133,1610 938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s.
11938.355 (6) (d) or (6m) (a) or (ag) or finds the juvenile in contempt under s. 938.355
12(6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure
13juvenile detention facility or place of nonsecure custody under s. 938.355 (6d) (a), (b),
14or (c) or 938.534 (1) (b) or (c), the court shall order the parents of the juvenile to
15contribute toward the cost of the sanction, disposition or placement the proportion
16of the total amount which the court finds the parents are able to pay.
AB443, s. 277 17Section 277. 938.275 (2) (title) of the statutes is created to read:
AB443,133,1818 938.275 (2) (title) Legal counsel; indigency.
AB443, s. 278 19Section 278. 938.275 (2) (a) of the statutes is renumbered 938.275 (2) (a)
20(intro.) and amended to read:
AB443,133,2421 938.275 (2) (a) (intro.) If this the state or a county provides legal counsel to a
22juvenile subject to a proceeding under s. 938.12 or 938.13, the court shall order the
23juvenile's parent to reimburse the state or county in accordance with under par. (b)
24or (c). The court may not order reimbursement if a either of the following apply:
AB443,133,25 251. A parent is the complaining or petitioning party or if the.
AB443,134,3
12. The court finds that the interests of the parent and the interests of the
2juvenile in the proceeding are substantially and directly adverse and that
3reimbursement would be unfair to the parent.
AB443,134,6 4(am) The court may not order reimbursement under par. (a) until the
5completion of the proceeding or until the state or county is no longer providing the
6juvenile with legal counsel in the proceeding.
AB443, s. 279 7Section 279. 938.275 (2) (b) and (c) of the statutes are amended to read:
AB443,134,168 938.275 (2) (b) If this the state provides the juvenile with legal counsel and the
9court orders reimbursement under par. (a), the juvenile's parent may request the
10state public defender to determine whether the parent is indigent as provided under
11s. 977.07 and to determine the amount of reimbursement. If the parent is found not
12to be indigent, the amount of reimbursement shall be the maximum amount
13established by the public defender board. If the parent is found to be indigent in part,
14the amount of reimbursement shall be the amount of partial payment determined
15in accordance with the under rules of the public defender board promulgated under
16s. 977.02 (3).
AB443,134,2217 (c) If the county provides the juvenile with legal counsel and the court orders
18reimbursement under par. (a), the court shall either make a determination of
19indigency or shall appoint the county department to make the determination. If the
20court or the county department finds that the parent is not indigent or is indigent
21in part, the court shall establish the amount of reimbursement and shall order the
22parent to pay it.
AB443, s. 280 23Section 280. 938.275 (2) (cg) 3. of the statutes is amended to read:
AB443,135,3
1938.275 (2) (cg) 3. The court's finding, under par. (a) 2., that the interests of the
2parent and the juvenile are not substantially and directly adverse and that ordering
3the payment of reimbursement would not be unfair to the parent.
AB443, s. 281 4Section 281. 938.28 of the statutes is amended to read:
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