AB443,154,2221 938.315 (1) (a) 9. Any period of delay resulting from the The need to appoint
22a qualified interpreter.
AB443, s. 340 23Section 340. 938.315 (1) (i) of the statutes is renumbered 938.315 (1) (a) 10.
24and amended to read:
AB443,155,2
1938.315 (1) (a) 10. Any period of delay resulting from consultation Consultation
2under s. 938.24 (2r) or 938.25 (2g).
AB443, s. 341 3Section 341. 938.315 (2) (title), (2m) (title) and (3) (title) of the statutes are
4created to read:
AB443,155,55 938.315 (2) (title) Continuance for good cause.
AB443,155,6 6(2m) (title) When no continuance, extension, or exclusion permitted.
AB443,155,7 7(3) (title) Consequences of failure to comply with time limit.
AB443, s. 342 8Section 342. 938.32 (1) (title) of the statutes is created to read:
AB443,155,99 938.32 (1) (title) When ordered; terms; victims' rights; procedures.
AB443, s. 343 10Section 343. 938.32 (1) (a) and (am) of the statutes are amended to read:
AB443,155,2211 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating
12to s. 938.12 or 938.13 and before the entry of judgment, the judge or circuit
13commissioner court may suspend the proceedings and place the juvenile under
14supervision in the juvenile's own home or present placement. The court may
15establish terms and conditions applicable to the parent, guardian, or legal custodian,
16and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m),
17(1p), (1t), (1v), and (1x). The order under this section shall be known as a consent
18decree and must be agreed to by the juvenile; the parent, guardian, or legal
19custodian; and the person filing the petition under s. 938.25. If the consent decree
20includes any conditions specified in sub. (1g), the consent decree shall include
21provisions for payment of the services as specified in s. 938.361. The consent decree
22shall be reduced to in writing and be given to the parties.
AB443,156,723 (am) Before entering into a consent decree in a case in which the juvenile is
24alleged to be delinquent under s. 938.12 or to be in need of protection or services
25under s. 938.13 (12), the district attorney or corporation counsel shall, as soon as

1practicable but in any event before agreeing to the consent decree, offer all of the
2victims of the juvenile's alleged act who have so requested the opportunity an
3opportunity to confer with the district attorney or corporation counsel concerning the
4proposed consent decree. The duty to offer an opportunity to confer under this
5paragraph does not limit the obligation of the district attorney or corporation counsel
6to exercise his or her discretion concerning the handling of the proceeding against
7the juvenile.
AB443, s. 344 8Section 344. 938.32 (1) (b) 1. of the statutes is renumbered 938.32 (1) (b)
9(intro.) and amended to read:
AB443,156,1210 938.32 (1) (b) (intro.) Before entering into a consent decree in a proceeding in
11which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of
12protection or services under s. 938.13 (12), the all of the following shall occur:
AB443,156,18 131g. The court shall determine whether a victim of the juvenile's act wants to
14make a statement to the court. If a victim wants to make a statement, the court shall
15allow the victim to make a statement in court or to submit a written statement to be
16read to the court. The court may allow any other person to make or submit a
17statement under this subdivision. Any statement made under this subdivision must
18be relevant to the consent decree.
AB443, s. 345 19Section 345. 938.32 (1) (b) 1m. of the statutes is amended to read:
AB443,157,320 938.32 (1) (b) 1m. Before entering into a consent decree in a proceeding in
21which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of
22protection or services under s. 938.13 (12), the
The court shall inquire of the district
23attorney or corporation counsel whether he or she has complied with par. (am),
24whether he or she has complied with subd. 2. and whether he or she has complied
25with
s. 938.27 (4m), whether any of the known victims requested notice of the date,

1time, and place of any hearing to be held on the consent decree, and, if so, whether
2the district attorney provided to the victim notice of the date, time , and place of the
3hearing.
AB443, s. 346 4Section 346. 938.32 (1) (b) 2. of the statutes is amended to read:
AB443,157,115 938.32 (1) (b) 2. Before entering into a consent decree in a proceeding in which
6a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection
7or services under s. 938.13 (12), the
The district attorney or corporation counsel shall
8make a reasonable attempt to contact any known victim to inform that person of the
9right to make a statement under subd. 1. 1g. Any failure to comply with this
10subdivision is not a ground for discharge of the juvenile, parent, guardian, or legal
11custodian from fulfilling the terms and conditions of the consent decree.
AB443, s. 347 12Section 347. 938.32 (1) (c) 1. of the statutes is renumbered 938.32 (1) (c) 1.
13(intro.) and amended to read:
AB443,157,1814 938.32 (1) (c) 1. (intro.) If at the time the consent decree is entered into the
15juvenile is placed outside the home under a voluntary agreement under s. 48.63 or
16is otherwise living outside the home without a court order and if the consent decree
17maintains the juvenile in that placement or other living arrangement, the consent
18decree shall include a all of the following:
AB443,157,20 19a. A finding that placement of the juvenile in his or her home would be contrary
20to the welfare of the juvenile, a.
AB443,158,2 21b. A finding as to whether the county department or the agency primarily
22responsible for providing services to the juvenile has made reasonable efforts to
23prevent the removal of the juvenile from the home, while assuring that the juvenile's
24health and safety are the paramount concerns, unless the judge or circuit court

1commissioner
court finds that any of the circumstances specified in s. 938.355 (2d)
2(b) 1. to 4. applies, and a.
AB443,158,7 3c. A finding as to whether the county department or agency has made
4reasonable efforts to achieve the goal of the juvenile's permanency plan, unless
5return of the juvenile to the home is the goal of the permanency plan and the judge
6or circuit court commissioner
court finds that any of the circumstances specified in
7s. 938.355 (2d) (b) 1. to 4. applies.
AB443, s. 348 8Section 348. 938.32 (1) (c) 2. of the statutes is amended to read:
AB443,158,149 938.32 (1) (c) 2. If the judge or circuit court commissioner court finds that any
10of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a
11parent, the consent decree shall include a determination that the county department
12or agency primarily responsible for providing services under the consent decree is not
13required to make reasonable efforts with respect to the parent to make it possible for
14the juvenile to return safely to his or her home.
AB443, s. 349 15Section 349. 938.32 (1) (c) 3. and (d) of the statutes are amended to read:
AB443,158,2316 938.32 (1) (c) 3. The judge or circuit court commissioner court shall make the
17findings specified in subds. 1. and 2. on a case-by-case basis based on circumstances
18specific to the juvenile and shall document or reference the specific information on
19which those findings are based in the consent decree. A consent decree that merely
20references subd. 1. or 2. without documenting or referencing that specific
21information in the consent decree or an amended consent decree that retroactively
22corrects an earlier consent decree that does not comply with this subdivision is not
23sufficient to comply with this subdivision.
AB443,159,524 (d) 1. If the judge or circuit court commissioner court finds that any of the
25circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,

1the judge or circuit court commissioner court shall hold a hearing within 30 days
2after the date of that finding to determine the permanency plan for the juvenile. If
3a hearing is held under this subdivision, the
The agency responsible for preparing
4the permanency plan shall file the permanency plan with the court not less than 5
5days before the date of the hearing.
AB443,159,106 2. If a hearing is held under subd. 1., at At least 10 days before the date of the
7hearing under subd. 1., the court shall notify the juvenile, any parent, guardian, and
8legal custodian of the juvenile, and any foster parent, treatment foster parent, or
9other physical custodian described in s. 48.62 (2) of the juvenile of the time, place,
10and purpose of the hearing.
AB443,159,2011 3. The court shall give a foster parent, treatment foster parent, or other
12physical custodian described in s. 48.62 (2) who is notified of a hearing under subd.
132. an opportunity to be heard at the hearing by permitting the foster parent,
14treatment foster parent, or other physical custodian to make a written or oral
15statement during the hearing, or to submit a written statement prior to the hearing,
16relevant to the issues to be determined at the hearing. A The foster parent,
17treatment foster parent, or other physical custodian who receives a notice of a
18hearing under subd. 2. and an opportunity to be heard under this subdivision
does
19not become a party to the proceeding on which the hearing is held solely on the basis
20of receiving that the notice and having the opportunity to be heard.
AB443, s. 350 21Section 350. 938.32 (1d) of the statutes is amended to read:
AB443,160,722 938.32 (1d) Volunteers in probation program. If the petition alleges that the
23juvenile has committed an act that would constitute a misdemeanor if committed by
24an adult, if the chief judge of the judicial administrative district has approved under
25s. 973.11 (2) a volunteers in probation program established in the juvenile's county

1of residence, and if the judge or circuit court commissioner court determines that
2volunteer supervision under that volunteers in probation program will likely benefit
3the juvenile and the community, the judge or circuit court commissioner court may
4establish as a condition under sub. (1) that the juvenile be placed with that
5volunteers in probation program under such conditions as that the judge or circuit
6court commissioner court determines are reasonable and appropriate. These The
7conditions may include, but need not be limited to, any of the following:
AB443,160,118 (a) A directive to a volunteer to provide be a role model for the juvenile a role
9model
, informal counseling, general monitoring and , monitoring of the conditions
10established by the judge or circuit court commissioner court, or any combination of
11these functions.
AB443,160,1312 (b) Any other conditions that the judge or circuit court commissioner court may
13establish under this section.
AB443, s. 351 14Section 351. 938.32 (1g) (intro.) and (b) of the statutes are amended to read:
AB443,160,2115 938.32 (1g) Alcohol or other drug abuse treatment and education. (intro.)
16If the petition alleges that the juvenile committed a violation specified under ch. 961
17and if the multidisciplinary screen conducted under s. 938.24 (2) shows that the
18juvenile is at risk of having needs and problems related to the use of alcohol
19beverages, controlled substances, or controlled substance analogs and its medical,
20personal, family, and social effects, the judge or circuit court commissioner court may
21establish as a condition under sub. (1) any of the following:
AB443,161,222 (b) That the juvenile participate in a court-approved pupil assistance program
23provided by the juvenile's school board or a court-approved alcohol or other drug
24abuse education program. The juvenile's participation in a court-approved pupil

1assistance program under this paragraph is subject to the approval of the juvenile's
2school board.
AB443, s. 352 3Section 352. 938.32 (1m) (intro.), (a) and (c) of the statutes are amended to
4read:
AB443,161,75 938.32 (1m) Teen court program. (intro.) The judge or circuit court
6commissioner court may establish as a condition under sub. (1) that the juvenile be
7placed in a teen court program if all of the following conditions apply:
AB443,161,118 (a) The chief judge of the judicial administrative district has approved a teen
9court program established in the juvenile's county of residence and the judge or
10circuit court commissioner
court determines that participation in the teen court
11program will likely benefit the juvenile and the community.
AB443,161,1412 (c) The juvenile admits or pleads no contest in open court, with in the presence
13of
the juvenile's parent, guardian or legal custodian present, to the allegations that
14the juvenile committed the delinquent act.
AB443, s. 353 15Section 353. 938.32 (1p) of the statutes is amended to read:
AB443,161,2216 938.32 (1p) Participation in youth report center. The judge or juvenile court
17commissioner
court may establish as a condition under sub. (1) that the juvenile
18report to a youth report center after school, in the evening, on weekends, on other
19nonschool days, or at any other time that the juvenile is not under immediate adult
20supervision, for participation in the social, behavioral, academic, community service,
21and other programming of the center. Section 938.34 (5g) applies to any community
22service work performed by a juvenile under this subsection.
AB443, s. 354 23Section 354. 938.32 (1r) of the statutes is amended to read:
AB443,162,524 938.32 (1r) Alcohol and other drug abuse treatment; informed consent. If
25the conditions of the consent decree provide for an alcohol and other drug abuse

1outpatient treatment program under sub. (1g) (a), the juvenile or, if the juvenile has
2not attained the age of 12 years of age, the juvenile's parent, guardian, or legal
3custodian shall execute an informed consent form that indicates that they are
4voluntarily and knowingly entering into a consent decree for the provision of alcohol
5and other drug abuse outpatient treatment.
AB443, s. 355 6Section 355. 938.32 (1t) (title) of the statutes is created to read:
AB443,162,77 938.32 (1t) (title) Restitution.
AB443, s. 356 8Section 356. 938.32 (1t) (a) 1., 1m. and 3. and (b) of the statutes are amended
9to read:
AB443,163,310 938.32 (1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile
11committed a delinquent act that has resulted in damage to the property of another,
12or in actual physical injury to another excluding pain and suffering, the judge or
13circuit court commissioner
court may require the juvenile as a condition of the
14consent decree, to repair the damage to property or to make reasonable restitution
15for the damage or injury, either in the form of cash payments or, if the victim agrees,
16the performance of services for the victim, or both, if the judge or circuit court
17commissioner court, after taking into consideration the well-being and needs of the
18victim, considers it beneficial to the well-being and behavior of the juvenile. Any
19consent decree that includes a condition of restitution by a juvenile shall include a
20finding that the juvenile alone is financially able to pay or physically able to perform
21the services, may allow up to the date of the expiration of the consent decree for the
22payment or for the completion of the services, and may include a schedule for the
23performance and completion of the services. Objection by If the juvenile objects to
24the amount of damages claimed shall entitle the juvenile to, a hearing on the
25question of damages
shall be held to determine the amount of damages before the an

1amount of restitution is made part of the consent decree. Any recovery under this
2subdivision shall be reduced by the amount recovered as restitution for the same act
3under subd. 1m.
AB443,163,214 1m. If the petition alleges that the juvenile has committed a delinquent act that
5has resulted in damage to the property of another, or in actual physical injury to
6another excluding pain and suffering, the judge or circuit court commissioner court
7may require a parent who has custody, as defined in s. 895.035 (1), of the juvenile,
8as a condition of the consent decree, to make reasonable restitution for the damage
9or injury. Except for recovery for retail theft under s. 943.51, the maximum amount
10of any restitution ordered under this subdivision for damage or injury resulting from
11any one act of a juvenile or from the same act committed by 2 or more juveniles in
12the custody of the same parent may not exceed $5,000. Any consent decree that
13includes a condition of restitution by a parent who has custody of the juvenile under
14this subdivision
shall include a finding that the parent who has custody of the
15juvenile
is financially able to pay the amount ordered and may allow up to the date
16of the expiration of the consent decree for the payment. Objection by If the parent
17objects to the amount of damages claimed shall entitle the parent to, a hearing on
18the question of damages
shall be held to determine the amount of damages before the
19an amount of restitution is made part of the consent decree. Any recovery under this
20subdivision shall be reduced by the amount recovered as restitution for the same act
21under subd. 1.
AB443,163,2522 3. Under this paragraph, a judge or circuit court commissioner court may not
23order a juvenile who is under 14 years of age to make not more than $250 in
24restitution or to perform not more than 40 total hours of services for the victim as
25total restitution under the consent decree.
AB443,164,3
1(b) The judge court may require the juvenile to participate in a supervised work
2program or other community service work under s. 938.34 (5g) as a condition of the
3consent decree.
Note: Clarifies, in s. 938.32 (1t) (a) 3., stats., that a juvenile under 14 years of age
may not be ordered to make more than $250 in restitution or perform more than 40 hours
of service as total restitution for each consent decree.
AB443, s. 357 4Section 357. 938.32 (1v) and (1x) of the statutes are amended to read:
AB443,164,85 938.32 (1v) Parental school attendance. If the petition alleges that the
6juvenile is in need of protection or services under s. 938.13 (6), the judge or circuit
7court commissioner court may establish require as a condition under sub. (1) that the
8juvenile's parent, guardian, or legal custodian attend school with the juvenile.
AB443,164,16 9(1x) Supervised work program. If the petition alleges that the juvenile violated
10s. 943.017 and the juvenile has attained the minimum age at which a juvenile may
11be adjudicated delinquent
10 years of age, the judge or circuit court commissioner
12court may require, as a condition of the consent decree, that the juvenile participate
13for not less than 10 hours nor more than 100 hours in a supervised work program
14under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of
15other community service work, except that if the juvenile has not attained 14 years
16of age the maximum number of hours is a total of 40 under the consent decree.
Note: Clarifies, in s. 938.32 (1x), stats., that a juvenile under 14 years of age may
not be ordered to participate in more than 40 hours in a supervised work program or
perform more than 40 hours of community service work in total for each consent decree.
AB443, s. 358 17Section 358. 938.32 (2) (title) of the statutes is created to read:
AB443,164,1818 938.32 (2) (title) Time period for consent decree; extension.
AB443, s. 359 19Section 359. 938.32 (2) (a), (3) and (4) of the statutes are amended to read:
AB443,165,3
1938.32 (2) (a) A consent decree shall remain in effect for up to one year unless
2the juvenile, parent, guardian, or legal custodian is discharged sooner by the judge
3or circuit court commissioner
court.
AB443,165,10 4(3) Failure to follow; objection to continuance consent decree. If, prior to
5discharge by the court, or to the expiration of the consent decree, the court finds that
6the juvenile or parent, legal guardian, or legal custodian has failed to fulfill the
7express terms and conditions of the consent decree or that the juvenile objects to the
8continuation of the consent decree, the hearing under which the juvenile was placed
9on supervision may be continued to conclusion as if the consent decree had never
10been entered.
AB443,165,17 11(4) Discharge by court or completion of supervision. No A juvenile who is
12discharged by the court or who completes the period of supervision without
13reinstatement of the original petition may again not be proceeded against in any
14court for the same offense alleged in the petition or an offense based on the same
15conduct, and the original petition shall be dismissed with prejudice. Nothing in this
16This subsection precludes does not preclude a civil suit against the juvenile or parent
17for damages arising from the juvenile's conduct.
AB443, s. 360 18Section 360. 938.32 (5) (title) of the statutes is created to read:
AB443,165,1919 938.32 (5) (title) Refusal from subsequent proceedings.
AB443, s. 361 20Section 361. 938.32 (5) (a) and (6) of the statutes are amended to read:
AB443,165,2321 938.32 (5) (a) The court refuses to enter into a consent decree and, the
22allegations in the petition remain to be decided in a hearing where, and the juvenile
23denies the allegations of delinquency.
AB443,166,4 24(6) Notice to juvenile of right to object to continuation. The judge or circuit
25court commissioner court shall inform the juvenile and the juvenile's parent,

1guardian, or legal custodian, in writing, of the juvenile's right to object to the
2continuation of the consent decree under sub. (3) and of the fact that the hearing
3under which the juvenile was placed on supervision may be continued to conclusion
4as if the consent decree had never been entered.
AB443, s. 362 5Section 362. 938.33 (1) (intro.), (b), (c) and (f) of the statutes are amended to
6read:
AB443,166,107 938.33 (1) Report required. (intro.) Before the disposition of a juvenile
8adjudged to be delinquent or in need of protection or services, the court shall
9designate an agency, as defined in s. 938.38 (1) (a), to submit a report which shall
10contain
that contains all of the following:
AB443,166,1411 (b) A recommended plan of rehabilitation or treatment and care for the juvenile
12which is, based on the investigation conducted by the agency and any report
13resulting from an examination or assessment under s. 938.295, which that employs
14the most effective means available to accomplish the objectives of the plan.
AB443,166,2015 (c) A description of the specific services or continuum of services which that the
16agency is recommending that the court to order for the juvenile or family, the persons
17or agencies that would be primarily responsible for providing those services, and the
18identity of the person or agency that would provide case management or coordination
19of services, if any or, and whether or not the juvenile should receive an integrated
20service plan.
AB443,166,2521 (f) If the agency is recommending that the court order the juvenile's parent,
22guardian, or legal custodian to participate in mental health treatment, anger
23management, individual or family counseling, or parent training and education, a
24statement as to the availability of those services and as to the availability of funding
25for those services.
AB443, s. 363
1Section 363. 938.33 (3) (intro.) and (a) of the statutes are amended to read:
AB443,167,92 938.33 (3) Correctional placement reports. (intro.) A report recommending
3placement of a juvenile in a secured juvenile correctional facility, a secured child
4caring institution
or a secured group home residential care center for children and
5youth
shall be in writing, except that the report may be presented orally at the
6dispositional hearing if the juvenile and the juvenile's counsel consent. A report that
7is presented orally shall be transcribed and made a part of the court record. In
8addition to the information specified under sub. (1) (a) to (d), the report shall include
9all of the following:
AB443,167,1610 (a) A description of any less restrictive alternatives that are available and that
11have been considered, and why they have been determined to be inappropriate. If
12the judge court has found that any of the conditions specified in s. 938.34 (4m) (b) 1.,
132., or 3. applies, the report shall indicate that a less restrictive alternative than
14placement in a secured juvenile correctional facility, a secured child caring
15institution
or a secured group home residential care center for children and youth
16is not appropriate.
AB443, s. 364 17Section 364. 938.33 (3r) of the statutes is amended to read:
AB443,168,218 938.33 (3r) Serious juvenile offender report. If a juvenile has been
19adjudicated delinquent for committing a violation for which the juvenile may be
20placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report
21shall be in writing and, in addition to the information specified in sub. (1) and in sub.
22(3) or (4), if applicable, shall include an analysis of the juvenile's suitability for
23placement in the serious juvenile offender program under s. 938.34 (4h) or in a
24secured juvenile correctional facility or a secured group home under s. 938.34 (4m),
25a placement specified in s. 938.34 (3), or placement in the juvenile's home with

1supervision and community-based programming and a recommendation as to the
2type of placement for which the juvenile is best suited.
AB443, s. 365 3Section 365. 938.33 (4m) (intro.) of the statutes is amended to read:
AB443,168,84 938.33 (4m) Support recommendations; information to parents. (intro.) In
5making a recommendation for an amount of child support under sub. (3) or (4), the
6agency shall consider the factors that the court considers under s. 301.12 (14) (c) for
7deviation from the percentage standard
. At or before the dispositional hearing under
8s. 938.335, the agency shall provide the juvenile's parent with all of the following:
AB443, s. 366 9Section 366. 938.335 (1) of the statutes is amended to read:
AB443,168,1510 938.335 (1) When required. The court shall conduct a hearing to determine
11the disposition of a case in which a juvenile is adjudged to be delinquent under s.
12938.12, to have violated a civil law or ordinance under s. 938.125 , or to be in need of
13protection or services under s. 938.13, except that the court shall proceed as provided
14in
under s. 938.237 (2) if a citation is issued and the juvenile fails to contest the
15citation.
AB443, s. 367 16Section 367. 938.335 (3) (title) of the statutes is created to read:
AB443,168,1717 938.335 (3) (title) Evidence and recommendations.
AB443, s. 368 18Section 368. 938.335 (3g) of the statutes is renumbered 938.335 (3g) (intro.)
19and amended to read:
AB443,168,2520 938.335 (3g) Reasonable efforts finding. (intro.) At hearings under this
21section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of
22the juvenile in a foster home, treatment foster home, group home, or residential care
23center for children and youth, or in the home of a relative other than a parent, the
24agency shall present as evidence specific information showing that continued all of
25the following:
AB443,169,2
1(a) That continued placement of the juvenile in his or her home would be
2contrary to the welfare of the juvenile, specific information showing that the.
AB443,169,7 3(b) That the county department or the agency primarily responsible for
4providing services to the juvenile has made reasonable efforts to prevent the removal
5of the juvenile from the home, while assuring that the juvenile's health and safety
6are the paramount concerns, unless any of the circumstances specified in s. 938.355
7(2d) (b) 1. to 4. applies, and specific information showing that the.
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