AB443, s. 547
4Section
547. 938.396 (2g) (d) (title) of the statutes is created to read:
AB443,258,55
938.396
(2g) (d) (title)
Bail; impeachment; firearm possession.
AB443, s. 548
6Section
548. 938.396 (2g) (dm) (title) of the statutes is created to read:
AB443,258,77
938.396
(2g) (dm) (title)
Delinquency or criminal defense.
AB443, s. 549
8Section
549. 938.396 (2g) (dr) (title) of the statutes is created to read:
AB443,258,99
938.396
(2g) (dr) (title)
Presentence investigation.
AB443, s. 550
10Section
550. 938.396 (2g) (e) (title) of the statutes is created to read:
AB443,258,1111
938.396
(2g) (e) (title)
Sexually violent person commitment.
AB443, s. 551
12Section
551. 938.396 (2g) (fm) (title) of the statutes is created to read:
AB443,258,1313
938.396
(2g) (fm) (title)
Victim's insurer.
AB443, s. 552
14Section
552. 938.396 (2g) (g) (title) of the statutes is created to read:
AB443,258,1515
938.396
(2g) (g) (title)
Paternity of juvenile.
AB443, s. 553
16Section
553. 938.396 (2g) (gm) (title) of the statutes is created to read:
AB443,258,1717
938.396
(2g) (gm) (title)
Other courts.
AB443, s. 554
18Section
554. 938.396 (2g) (h) (title) of the statutes is created to read:
AB443,258,1919
938.396
(2g) (h) (title)
Custody of juvenile.
AB443, s. 555
20Section
555. 938.396 (2g) (i) (title) of the statutes is created to read:
AB443,258,2121
938.396
(2g) (i) (title)
Probate court.
AB443, s. 556
22Section
556. 938.396 (2g) (m) (title) of the statutes is created to read:
AB443,258,2323
938.396
(2g) (m) (title)
Notification of juvenile's school.
AB443, s. 557
24Section
557. 938.396 (2m) (a) of the statutes is renumbered 938.396 (2g) (k)
25and amended to read:
AB443,259,7
1938.396
(2g) (k)
Serious juvenile offenders. Notwithstanding sub. (2), upon
2request, a Upon request of any person, the court shall open for inspection by the
3requester the records of the court, other than reports under s. 938.295 or 938.33 or
4other records that deal with sensitive personal information of the juvenile and the
5juvenile's family, relating to a juvenile who has been alleged to be delinquent for
6committing a violation specified in s. 938.34 (4h) (a). The requester may further
7disclose the information to anyone.
AB443, s. 558
8Section
558. 938.396 (2m) (b) of the statutes is renumbered 938.396 (2g) (L)
9and amended to read:
AB443,259,1810
938.396
(2g) (L)
Repeat offenders. Notwithstanding sub. (2), upon request, a
11Upon request of any person, the court shall open for inspection by the requester the
12records of the court, other than reports under s. 938.295 or 938.33 or other records
13that deal with sensitive personal information of the juvenile and the juvenile's
14family, relating to a juvenile who has been alleged to be delinquent for committing
15a violation that would be a felony if committed by an adult if the juvenile has been
16adjudicated delinquent at any time preceding the present proceeding and that
17previous adjudication remains of record and unreversed. The requester may further
18disclose the information to anyone.
AB443, s. 559
19Section
559. 938.396 (3) (title) of the statutes is created to read:
AB443,259,2020
938.396
(3) (title) M
otor vehicle violation records.
AB443, s. 560
21Section
560. 938.396 (4) (title) of the statutes is created to read:
AB443,259,2222
938.396
(4) (title)
Operating privilege records.
AB443, s. 561
23Section
561. 938.396 (5) (a) (intro.) of the statutes is renumbered 938.396 (1j)
24(a) (intro.) and amended to read:
AB443,260,4
1938.396
(1j) (a) (intro.) Any person who is denied access to a record under sub.
2(1)
, (1b), (1d), (1g), (1m), (1r) or (1t) may petition the court to order the disclosure of
3the
records governed by the applicable subsection
record. The petition shall be in
4writing and shall describe as specifically as possible all of the following:
AB443, s. 562
5Section
562. 938.396 (5) (a) 1. to 5. of the statutes are renumbered 938.396 (1j)
6(a) 1. to 5.
AB443, s. 563
7Section
563. 938.396 (5) (b) of the statutes is renumbered 938.396 (1j) (b) and
8amended to read:
AB443,260,149
938.396
(1j) (b)
If the petitioner is seeking access to a record under sub. (1), (1b),
10(1d), (1g), (1m) (c) or (d), (1r), or (1t) Subject to par. (bm), the court
, on receipt of a
11petition, shall notify the juvenile, the juvenile's counsel, the juvenile's parents, and
12appropriate law enforcement agencies in writing of the petition. If any person
13notified objects to the disclosure, the court may hold a hearing to take evidence
14relating to the petitioner's need for the disclosure.
AB443, s. 564
15Section
564. 938.396 (5) (bm) of the statutes is renumbered 938.396 (1j) (bm)
16and amended to read:
AB443,261,217
938.396
(1j) (bm) If the petitioner is seeking access to a record under sub.
(1m)
18(a), (am), (ar), or (b) (1) (c) 3., the court shall, without notice or hearing, make the
19inspection and determinations specified in par. (c) and, if the court determines that
20disclosure is warranted, shall order disclosure under par. (d). The petitioner shall
21provide a copy of the disclosure order to the law enforcement agency that denied
22access to the record, the juvenile, the juvenile's counsel, and the juvenile's parents.
23Any of those persons may obtain a hearing on the court's determinations by filing a
24motion to set aside the disclosure order within 10 days after receipt of the order. If
25no motion is filed within those 10 days or if, after hearing, the court determines that
1no good cause has been shown for setting aside the order, the law enforcement agency
2shall disclose the juvenile's record as ordered.
AB443, s. 565
3Section
565. 938.396 (5) (c) (intro.), 1 and 2. of the statutes are renumbered
4938.396 (1j) (c) (intro.), 1. and 2.
AB443, s. 566
5Section
566. 938.396 (5) (c) 3. of the statutes is renumbered 938.396 (1j) (c)
63. and amended to read:
AB443,261,107
938.396
(1j) (c) 3. If the petitioner is a person who was denied access to a record
8under sub.
(1m) (a), (am), (ar), or (b) (1) (c) 3., the petitioner's legitimate educational
9interests, including safety interests, in the information against society's interest in
10protecting its confidentiality.
AB443, s. 567
11Section
567. 938.396 (5) (d) and (e) of the statutes are renumbered 938.396
12(1j) (d) and (e).
AB443, s. 568
13Section
568. 938.396 (6) of the statutes is repealed.
Note: Repeals s. 938.396 (6), stats., and places the substance of that provision into
s. 938.396 (1g) and (2g) (f), stats.,as created by this bill, which governs the disclosure of
juvenile records to the victim-witness coordinator and that coordinator's subsequent use
of those records.
AB443, s. 569
14Section
569. 938.396 (7) (a) of the statutes is renumbered 938.396 (2g) (m) 1.
15and amended to read:
AB443,262,516
938.396
(2g) (m) 1.
Notwithstanding sub. (2) (a), if If a petition under s. 938.12
17or 938.13 (12) is filed alleging that a juvenile has committed a delinquent act that
18would be a felony if committed by an adult, the court clerk shall notify the school
19board of the school district, or the governing body of the private school, in which the
20juvenile is enrolled or the designee of the school board or governing body of the fact
21that the petition has been filed and the nature of the delinquent act alleged in the
22petition.
Notwithstanding sub. (2) (a), if If later the proceeding on the petition is
23closed, dismissed
, or otherwise terminated without a finding that the juvenile has
1committed a delinquent act, the court clerk shall notify the school board of the school
2district
, or the governing body of the private school, in which the juvenile is enrolled
3or the
school board's designee
of the school board or governing body that the
4proceeding has been terminated without a finding that the juvenile has committed
5a delinquent act.
AB443, s. 570
6Section
570. 938.396 (7) (am) of the statutes is renumbered 938.396 (2g) (m)
72. and amended to read:
AB443,262,158
938.396
(2g) (m) 2.
Notwithstanding sub. (2) (a) and subject to par. (b) Subject
9to subd. 4., if a juvenile is adjudged delinquent, within 5 days after the date on which
10the dispositional order is entered, the court clerk shall notify the school board of the
11school district, or the governing body of the private school, in which the juvenile is
12enrolled or the designee of the school board or governing body of the fact that the
13juvenile has been adjudicated delinquent, the nature of the violation committed by
14the juvenile, and the disposition imposed on the juvenile under s. 938.34 as a result
15of the violation.
AB443, s. 571
16Section
571. 938.396 (7) (ar) of the statutes is renumbered 938.396 (2g) (m)
173. and amended to read:
AB443,262,2518
938.396
(2g) (m) 3.
Notwithstanding sub. (2) (a), if If school attendance is a
19condition of a dispositional order under s. 938.342 (1d) or (1g) or 938.355 (2) (b) 7.,
20within 5 days after the date on which the dispositional order is entered, the clerk of
21the court assigned to exercise jurisdiction under this chapter and ch. 48 or the clerk
22of the municipal court exercising jurisdiction under s. 938.17 (2) shall notify the
23school board of the school district, or the governing body of the private school, in
24which the juvenile is enrolled or the designee of the school board or governing body
25of the fact that the juvenile's school attendance is a condition of a dispositional order.
AB443, s. 572
1Section
572. 938.396 (7) (b) of the statutes is renumbered 938.396 (2g) (m) 4.
2and amended to read:
AB443,263,123
938.396
(2g) (m) 4. If a juvenile is found to have committed a delinquent act
4at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that
5would have been a felony under chs. 939 to 948 or 961 if committed by an adult and
6is adjudged delinquent on that basis, within 5 days after the date on which the
7dispositional order is entered the court clerk shall notify the school board of the
8school district, or the governing body of the private school, in which the juvenile is
9enrolled or the designee of the school board or governing body of the fact that the
10juvenile has been adjudicated delinquent on that basis, the nature of the violation
11committed by the juvenile
, and the disposition imposed on the juvenile under s.
12938.34 as a result of that violation.
AB443, s. 573
13Section
573. 938.396 (7) (bm) of the statutes is renumbered 938.396 (2g) (m)
145. and amended to read:
AB443,264,215
938.396
(2g) (m) 5.
Notwithstanding sub. (2) (a), in In addition to the disclosure
16made under
par. (am) or (b) subd. 2. or 4., if a juvenile is adjudicated delinquent and
17as a result of the dispositional order is enrolled in a different school district or private
18school from the school district or private school in which the juvenile is enrolled at
19the time of the dispositional order, the court clerk, within 5 days after the date on
20which the dispositional order is entered, shall provide the school board of the
21juvenile's new school district, the governing body of the juvenile's new private school
, 22or the designee of the school board or governing body with the information specified
23in
par. (am) or (b) subd. 2. or 4., whichever is applicable, and, in addition, shall notify
24that school board, governing body
, or designee of whether the juvenile has been
25adjudicated delinquent previously by that court, the nature of any previous
1violations committed by the juvenile
, and the dispositions imposed on the juvenile
2under s. 938.34 as a result of those previous violations.
AB443, s. 574
3Section
574. 938.396 (7) (c) of the statutes is renumbered 938.396 (2g) (m) 6.
4and amended to read:
AB443,265,55
938.396
(2g) (m) 6.
No Except as required under subds. 1. to 5. or by order of
6the court, no information from the juvenile's court records
, other than information
7disclosed under par. (a), (am), (ar), (b), or (bm), may be disclosed to the school board
8of the school district, or the governing body of the private school, in which the juvenile
9is enrolled or the designee of the school board or governing body
except by order of
10the court. Any information
from a juvenile's court records provided
under this
11subsection to the school board of the school district, or the governing body of the
12private school, in which the juvenile is enrolled or the designee of the school board
13or governing body shall be disclosed by the school board, governing body, or designee
14to employees of the school district or private school who work directly with the
15juvenile or who have been determined by the school board, governing body, or
16designee to have legitimate educational interests, including safety interests, in the
17information. A school district or private school employee to whom
that information
18is disclosed
under this paragraph may not further disclose the information. A school
19board may not use any information
provided under this subsection from a juvenile's
20court records as the sole basis for expelling or suspending a juvenile or as the sole
21basis for taking any other disciplinary action, including action under the school
22district's athletic code, against the juvenile. A member of a school board or of the
23governing body of a private school or an employee of a school district or private school
24may not be held personally liable for any damages caused by the nondisclosure of any
25information specified in this
paragraph subdivision unless the member or employee
1acted with actual malice in failing to disclose the information. A school district or
2private school may not be held liable for any damages caused by the nondisclosure
3of any information specified in this
paragraph subdivision unless the school district,
4private school, or its agent acted with gross negligence or with reckless, wanton, or
5intentional misconduct in failing to disclose the information.
AB443, s. 575
6Section
575. 938.396 (8) of the statutes is renumbered 938.396 (2g) (n) and
7amended to read:
AB443,265,148
938.396
(2g) (n)
Firearms restriction record search. Notwithstanding sub. (2),
9if If a juvenile is adjudged delinquent for an act that would be a felony if committed
10by an adult, the court clerk shall notify the department of justice of that fact. No
11other information from the juvenile's court records may be disclosed to the
12department of justice except by order of the court. The department of justice may
13disclose any information provided under this subsection only as part of a firearms
14restrictions record search under s. 175.35 (2g) (c).
AB443, s. 576
15Section
576. 938.396 (9) of the statutes is renumbered 938.396 (2g) (o) and
16amended to read:
AB443,265,2317
938.396
(2g) (o)
Criminal history record search. Notwithstanding sub. (2) (a),
18if If a juvenile is adjudged delinquent for committing a serious crime, as defined in
19s. 48.685 (1) (c), the court clerk shall notify the department of justice of that fact. No
20other information from the juvenile's court records may be disclosed to the
21department of justice except by order of the court. The department of justice may
22disclose any information provided under this subsection only as part of a criminal
23history record search under s. 48.685 (2) (am) 1. or (b) 1. a.
AB443, s. 577
24Section
577. 938.44 of the statutes is amended to read:
AB443,266,3
1938.44 Jurisdiction over persons 17 or older. The court has jurisdiction
2over persons 17 years of age or
over older as provided under ss. 938.355 (4) and 938.45
3and as otherwise
specifically provided specified in this chapter.
AB443, s. 578
4Section
578. 938.45 (1) of the statutes is amended to read:
AB443,266,135
938.45
(1) Orders when adult contributed to condition of juvenile. (a) If
6in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in
7need of protection or services under s. 938.13 it appears that any person 17 years of
8age or
over older has been guilty of contributing to, encouraging, or tending to cause
9by any act or omission, such condition of the juvenile, the court may make orders with
10respect to the conduct of
such that person in his or her relationship to the juvenile,
11including orders
relating to determining the ability of the person to provide for the
12maintenance or care of the juvenile and directing when, how
, and where funds for the
13maintenance or care shall be paid.
AB443,266,1814
(b) An act or failure to act contributes to a condition of a juvenile as described
15in s. 938.12 or 938.13,
although even if the juvenile is not
actually adjudicated found 16to come within the provisions of s. 938.12 or 938.13, if the natural and probable
17consequences of that act or failure to act would be to cause the juvenile to come within
18the provisions of s. 938.12 or 938.13.
AB443, s. 579
19Section
579. 938.45 (1m) (title) of the statutes is created to read:
AB443,266,2120
938.45
(1m) (title)
Orders imposing conditions on juvenile's parent, guardian,
21or legal custodian.
AB443, s. 580
22Section
580. 938.45 (1m) (a), (1r), (2) and (3) of the statutes are amended to
23read:
AB443,267,624
938.45
(1m) (a) In a proceeding in which a juvenile has been adjudicated
25delinquent or has been found to be in need of protection or services under s. 938.13,
1the court may order the juvenile's parent, guardian
, or legal custodian to comply with
2any conditions determined by the court to be necessary for the juvenile's welfare. An
3order
under this paragraph may include
an order to participate participation in
4mental health treatment, anger management, individual or family counseling or
5parent training and education
, and
to make a requirement for a reasonable
6contribution, based on ability to pay, toward the cost of those services.
AB443,267,20
7(1r) Order for parent to pay restitution or forfeiture. (a) In a proceeding
8in which a juvenile
has been is found to have committed a delinquent act or a civil
9law or ordinance violation that has resulted in damage to the property of another, or
10in actual physical injury to another excluding pain and suffering, the court may order
11a parent who has custody, as defined in s. 895.035 (1), of the juvenile to make
12reasonable restitution for the damage or injury. Except for recovery for retail theft
13under s. 943.51, the maximum amount of any restitution ordered
under this
14paragraph for damage or injury resulting from any one act of a juvenile or from the
15same act committed by 2 or more juveniles in the custody of the same parent may not
16exceed $5,000.
Any The order
under this paragraph shall include a finding that the
17parent
who has custody of the juvenile is financially able to pay the amount ordered
18and may allow up to the date of expiration of the order for the payment. Any recovery
19under this paragraph shall be reduced by the amount recovered as restitution for the
20same act under s. 938.34 (5) or 938.343 (4).
AB443,268,521
(b) In a proceeding in which the court has determined under s. 938.34 (8) or
22938.343 (2) that the imposition of a forfeiture would be in the best interest of the
23juvenile and in aid of rehabilitation, the court may order a parent who has custody,
24as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The amount of any
25forfeiture ordered
under this paragraph may not exceed $5,000.
Any The order
1under this paragraph shall include a finding that the parent
who has custody of the
2juvenile is financially able to pay the amount ordered and shall allow up to 12 months
3after the date of the order for the payment. Any recovery under this paragraph shall
4be reduced by the amount recovered as a forfeiture for the same act under s. 938.34
5(8) or 938.343 (2).
AB443,268,16
6(2) Right to hearing on orders. No order under sub. (1) (a), (1m) (a)
, or (1r)
7(a) or (b) may be entered until the person who is the subject of the contemplated order
8is given an opportunity to be heard on the
contemplated order. The court shall cause
9notice of the time, place
, and purpose of the hearing to be served on the person
10personally at least 10 days before the date of hearing. The procedure in these cases
11shall, as far as practicable, be the same as in other cases in the court. At the hearing
12the person may be represented by counsel and may produce and cross-examine
13witnesses.
Any A person who fails to comply with
any an order issued by a court
14under sub. (1) (a), (1m) (a)
, or (1r) (a) or (b) may be proceeded against for contempt
15of court. If the person's conduct involves a crime, the person may be proceeded
16against under the criminal law.
AB443,268,22
17(3) Prosecution of adult contributing to delinquency of juvenile. If it
18appears at a court hearing that any person 17 years of age or older has violated s.
19948.40, the court shall refer the record to the district attorney
for criminal
20proceedings as may be warranted in the district attorney's judgment. This
21subsection does not
prevent prohibit prosecution of violations of s. 948.40 without the
22prior reference by the court to the district attorney
, as in other criminal cases.
AB443, s. 581
23Section
581. 938.48 (1) of the statutes is amended to read:
AB443,269,524
938.48
(1) Enforcement of laws. Promote the enforcement of the laws relating
25to delinquent juveniles and juveniles in need of protection or services and take the
1initiative in all matters involving the interests of
such those juveniles
where when 2adequate provision
therefor for those matters is not made. This duty shall be
3discharged in cooperation with the courts, county departments
and, licensed child
4welfare agencies
and with, parents
, and other individuals interested in the welfare
5of juveniles.
AB443, s. 582
6Section
582. 938.48 (2) of the statutes is amended to read:
AB443,269,117
938.48
(2) Juvenile welfare services. Assist in extending and strengthening
8juvenile welfare services with appropriate federal agencies and in conformity with
9the federal
social security act Social Security Act and in cooperation with parents,
10other individuals
, and other agencies so that all juveniles needing such services are
11reached.
AB443, s. 583
12Section
583. 938.48 (3) and (4) of the statutes are amended to read:
AB443,269,1813
938.48
(3) Supervision and special treatment or care. Accept supervision over
14juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n)
, 15or 938.357 (4), and provide special treatment or care
to juveniles when directed by
16the court. Except as provided in s. 938.505 (2), a court may not direct the department
17to administer psychotropic medications to juveniles who receive special treatment
18or care under this subsection.
AB443,270,7
19(4) Care, training, and placement. Provide appropriate care and training for
20juveniles under its supervision under s. 938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357
21(4)
;, including serving those juveniles in their own homes, placing them in licensed
22foster homes or licensed treatment foster homes
in accordance with s. 48.63 or
23licensed group homes
under s. 48.63, contracting for their care by licensed child
24welfare agencies or replacing them in juvenile correctional
institutions facilities or
25secured
child caring institutions residential care centers for children and youth in
1accordance with rules promulgated under ch. 227, except that the department may
2not purchase the educational component of private day treatment programs for
3juveniles a juvenile in its custody unless the department, the school board
, as defined
4in s. 115.001 (7)
, and the state superintendent of public instruction all determine that
5an appropriate public education program is not available
for the juvenile. Disputes
6between the department and the school district shall be resolved by the state
7superintendent of public instruction.
AB443, s. 584
8Section
584. 938.48 (4m) (title) of the statutes is created to read:
AB443,270,99
938.48
(4m) (title)
Continuing care and services for juveniles over 17.
AB443, s. 585
10Section
585. 938.48 (4m) (d), (5) and (6) of the statutes are amended to read:
AB443,270,1311
938.48
(4m) (d) Is determined by the department to be in need of care and
12services designed to fit
such the person for gainful employment and has requested
13and consented to receive
such aid the care and services.
AB443,270,17
14(5) Moral and religious training. Provide for the moral and religious training
15of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m)
, or (4n)
, or
16938.357 (4) according to the religious
belief beliefs of the juvenile or of the juvenile's
17parents.
AB443,270,23
18(6) Emergency surgery. Consent to emergency surgery under the direction of
19a licensed physician or surgeon for any juvenile under its supervision under s.
20938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357 (4) upon notification by a licensed
21physician or surgeon of the need for
such the surgery and if reasonable effort,
22compatible with the nature and time limitation of the emergency, has been made to
23secure the consent of the juvenile's parent or guardian.
AB443, s. 586
24Section
586. 938.48 (13) (title) of the statutes is created to read:
AB443,270,2525
938.48
(13) (title)
Allowances and cash grants.
AB443, s. 587
1Section
587. 938.48 (14) and (16) of the statutes are amended to read:
AB443,271,92
938.48
(14) School-related expenses for juveniles over 17. Pay
3maintenance, tuition
, and related expenses from the appropriation under s. 20.410
4(3) (ho) for persons who
, when they
reached attained 17 years of age
, were students
5regularly attending a school, college
, or university or regularly attending a course of
6vocational or technical training designed to
fit
prepare them for gainful employment,
7and who
when reaching upon attaining that age were under the supervision of the
8department under s. 938.183, 938.34 (4h), (4m)
, or (4n)
, or 938.357 (4) as a result of
9a judicial decision.
AB443,271,11
10(16) Standards for services. Establish and enforce standards for services
11provided under s. 938.183, 938.34
, or 938.345.
AB443, s. 588
12Section
588. 938.49 (1) of the statutes is amended to read: