This bill makes changes to eligibility for the Serious Juvenile Offender Program
(SJOP). Under current law, the juvenile court may order a juvenile to participate in
the SJOP if the juvenile has been adjudicated delinquent for committing certain
felony crimes. The SJOP provides a juvenile with supervision, care, and
rehabilitation that is more restrictive than ordinary supervision in the community
and includes component phases that are intensive, highly structured, and based on
public safety considerations and the participant's need for supervision, care, and
rehabilitation.
Under current law, in order to qualify for the SJOP, a juvenile must meet certain
age limits, must be adjudicated delinquent for the commission or attempted
commission of certain crimes, and must be found to be a danger to the public and to
be in need of restrictive custodial treatment. This bill increases the age limits for
participation in the SJOP.
EXTENDING OUT-OF-HOME CARE TO AGE 21
This bill permits a child to remain in a foster home, group home, or residential
care center for children and youth, in the home of a relative, or in a supervised
independent living arrangement (out-of-home care) until the child attains 21 years
of age if the child 1) is a full-time student at a secondary school or its vocational or
technical equivalent and is reasonably expected to complete the program before
reaching 21 years of age; 2) is enrolled in an institution that provides postsecondary
or vocational education; 3) is participating in a program or activity designed to
promote, or remove barriers to, employment; 4) is employed for at least 80 hours per
month; or 5) is incapable of doing any of those activities due to a medical condition,
which incapacity is supported by regularly updated information in the child's
permanency plan. The bill also permits a relative, guardian, or adoptive parent of
such a child to continue receiving kinship care payments, subsidized guardianship
payments, or adoption assistance for the care and maintenance of such a child until
the child attains 21 years of age.
Under current law, the federal Department of Health and Human Services
provides foster care and adoption assistance under Title IV-E of the Social Security
Act for the care of persons under 18 years of age and, at the option of a state, for
persons under 19, 20, or 21 years of age, as a state may elect, who are 1) completing
secondary education or a program leading to an equivalent credential; 2) enrolled in
an institution that provides postsecondary or vocational education; 3) participating
in a program or activity designed to promote, or remove barriers to, employment; 4)
employed for at least 80 hours per month; or 5) incapable of doing any of those
activities due to a medical condition, which incapacity is supported by regularly
updated information in the child's case plan. Currently, this state permits a person
to remain in out-of-home care until he or she has attained 19 years of age, if he or
she is is a full-time student at a secondary school or its vocational or technical
equivalent and is reasonably expected to complete the program before reaching 19
years of age, and permits a person to remain in out-of-home care until he or she has
attained 21 years of age, if he or she is a full-time student at a secondary school or
its vocational or technical equivalent and if an individualized education program,
which is a program under which special education and related services are provided
to a person with a disability, is in effect for the person.
CUSTODIAL INTERROGATION OF A JUVENILE
This bill changes the requirements for conducting a custodial interrogation of
a juvenile and limits the exceptions for admitting statements made during an
improper interrogation into evidence at a hearing. Under current law, when a law
enforcement officer conducts a custodial interrogation of a juvenile, the law
enforcement officer is required to record the interrogation. If the interrogation is not
recorded, a statement made during the interrogation is inadmissible as evidence at
the juvenile's hearing, unless one of the following exceptions applies:
1. The juvenile refused to respond or cooperate in the custodial interrogation
if an audio or audio and visual recording was made of the interrogation so long as a
law enforcement officer or agent of a law enforcement agency made a
contemporaneous audio or audio and visual recording or written record of the
juvenile's refusal.
2. The statement was made in response to a question asked as part of the
routine processing after the juvenile was taken into custody.
3. The law enforcement officer or agent of a law enforcement agency conducting
the interrogation in good faith failed to make an audio or audio and visual recording
of the interrogation because the recording equipment did not function, the officer or
agent inadvertently failed to operate the equipment properly, or, without the officer's
or agent's knowledge, the equipment malfunctioned or stopped operating.
4. The statement was made spontaneously and not in response to a question
by a law enforcement officer or agent of a law enforcement agency.
5. Exigent public safety circumstances existed that prevented the making of
an audio or audio and visual recording or rendered the making of such a recording
infeasible.
This bill requires a person who is conducting a custodial interrogation of a
juvenile, in addition to recording the interrogation, to notify the juvenile's parent,
guardian, legal custodian, or Indian custodian before conducting the interrogation,
to notify a juvenile who is being interrogated that the interrogation is being recorded,
and to notify a juvenile who is under the age of 16 that he or she is being interrogated.
Under the bill, if the parent, guardian, legal custodian or Indian custodian did not
receive notice of the interrogation, the juvenile did not receive the appropriate notice,
or the interrogation was not recorded, a statement made during the interrogation is
inadmissible as evidence at the juvenile's hearing, unless one of the following
exceptions applies:
1. The statement was made spontaneously and not in response to a question
by a law enforcement officer or agent of a law enforcement agency.
2. Exigent public safety circumstances existed that prevented the notification
of the parent, guardian, legal custodian, or Indian custodian or prevented the
making of an audio or audio and visual recording or rendered the making of such a
recording infeasible.
This bill also changes the definition of “custodial interrogation” for the purposes
of interrogating a juvenile to refer to a “reasonable juvenile of a similar age” instead
of a “reasonable person.”
JUVENILE CLASSIFICATION SYSTEM
Under current law, DCF, in consultation with the Department of Corrections,
must make available to all counties a juvenile classification system that includes a
risk assessment instrument for determining the probability that a juvenile who has
committed an offense will commit another offense, a needs assessment instrument
for determining the service needs of a juvenile who has committed an offense, and
a services and placement guide for integrating the risk and needs of a juvenile who
has committed an offense with other factors to determine an appropriate placement
and level of services for the juvenile. Under current law, a county may use the
juvenile classification system to determine, at the time of an intake inquiry, whether
to close a case, enter into a deferred prosecution agreement, or refer the case to the
district attorney; recommend, at the time of disposition, a placement and a plan of
rehabilitation, treatment, and care for the juvenile; and determine, after disposition,
the level or intensity of supervisory contacts required for a juvenile under county
supervision.
This bill requires an intake worker to use the juvenile classification system as
part of the intake inquiry with a juvenile after providing notice to the juvenile,
parent, guardian, and legal custodian, but only if the juvenile has not refused to
participate.
Deferred prosecution agreement
Under current law, when a juvenile is alleged to have violated a law or
municipal ordinance, he or she may be referred to the juvenile court for intake and
a determination of whether a petition should be filed in that court. An intake worker
provides intake services to the juvenile, such as screening and interviewing the
juvenile, determining whether and where the juvenile should be held, and whether
to close the case or request that a petition for delinquency be filed.
Under current law, as an alternative to closing a case or referring it to a district
attorney to file a petition, an intake worker may enter into a written deferred
prosecution agreement (DPA) with all parties if the intake worker has determined
that neither the interests of the juvenile nor of the public require the filing of a
delinquency petition; if the facts persuade the intake worker that the jurisdiction of
the juvenile court, if sought, would exist; and if the juvenile and his or her parent,
guardian, and legal custodian consent. The DPA may impose obligations on the
juvenile, parent, guardian, or legal custodian, such as treatment, counseling,
restitution, or a teen court program. If at any time during the period of a DPA the
intake worker determines that the obligations imposed under it are not being met,
the intake worker may cancel the agreement and request that a delinquency petition
be filed. If the obligations under the DPA are met, then no petition may be filed or
citation issued on the charges that brought about the agreement.
Under this bill, unless an intake worker decides to close a case, the intake
worker must enter into a DPA with all parties if all of the following apply:
1. The juvenile is referred because he or she is alleged to have committed a
status offense or an act that would be a misdemeanor if committed by an adult or
violated a civil law punishable by forfeiture or a county, town, or other municipal
ordinance.
2. The juvenile has no more than two prior adjudications.
3. The juvenile has no more than three prior unsuccessful deferred prosecution
agreement attempts.
4. The juvenile, parent, guardian, and legal custodian consent.
An exception to this requirement to enter into a DPA is that the intake worker
may instead refer the case to the district attorney if the results of the juvenile
classification system indicate the juvenile is high risk, or the results indicate the
juvenile is a moderate risk and the case arises out of an alleged act that would be a
Class A misdemeanor in violation of laws prohibiting crimes against life and bodily
security or crimes against health and safety if committed by an adult.
Under current law, a district attorney may terminate a DPA and instead file a
delinquency petition against the juvenile. With respect to the circumstance under
the bill in which a DPA is required, a district attorney may not terminate the
agreement or file a delinquency petition against the juvenile unless one of the
following applies:
The juvenile or his or her parent, guardian, or legal custodian fails to respond
to the intake worker's preliminary inquiry regarding eligibility for a DPA or an offer
of a DPA.
2. The juvenile or his or her parent, guardian, or legal custodian does not
consent to the DPA.
3. The juvenile fails to substantially comply with the conditions in the DPA.
4. The intake worker refers the case to the district attorney under the exception
based on the results of the juvenile classification system or the type of alleged act.
Multisystemic therapy
Under current law, if a juvenile is adjudicated delinquent, the juvenile court
must enter an order deciding one or more of the dispositions of the case under a care
and treatment plan. The bill requires DCF to contract for or provide multisystemic
therapy (MST) for a juvenile for whom that treatment is ordered under a disposition
of the case. Under the bill, MST is an intensive and ongoing family-based and
community-based treatment that addresses multiple factors that lead to antisocial
behavior in juveniles and that is delivered in a juvenile's home, school, or community.
The bill also requires DCF to promulgate rules governing MST and the licensing,
training, and qualification requirements for a person who provides it.
Responses to school-based behavior
The bill prohibits a school district employee and school resource officer from
referring to a law enforcement agency a minor pupil who is alleged to have committed
a school-related offense. Under the bill, a school-related offense is habitual truancy
or any of the following committed by a minor pupil on the property of the public school
in which the minor pupil is enrolled during a school day or during a school-sponsored
activity:
1. An offense that would be a misdemeanor, other than a violent misdemeanor,
if committed by an adult.
2. A violation of a civil law punishable by forfeiture.
3. A violation of a county, town, or other municipal ordinance.
4. A status offense, meaning a violation of the law that would not be a violation
if committed by an adult.
Instead, under the bill, such a minor pupil may be referred to either a
restorative justice program or an evidence-based intervention developed or adopted
by the school district or county. If the minor pupil refuses to participate in one of
those alternatives, a school district employee may refer the minor pupil to the
juvenile court. The bill authorizes a minor pupil to be referred to an alternative
intervention instead of to the juvenile court if an alleged violation does not qualify
as a school-related offense in certain circumstances.
Juvenile diversion services grant program
The bill creates a grant program for juvenile diversion services under which
DCF may provide grants of up to $2,000,000 in each fiscal year to counties or Indian
tribes to enable them to establish and operate evidence-based programs that provide
services to juveniles as a method of diverting them from coming under the
jurisdiction of the court.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1036,1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB1036,2
3Section
2. 20.437 (1) (be) of the statutes is created to read:
AB1036,9,54
20.437
(1) (be)
Juvenile diversion services grants. The amounts in the schedule
5for grants under s. 938.545.
AB1036,3
6Section 3
. 20.437 (1) (cL) of the statutes is created to read:
AB1036,9,87
20.437
(1) (cL)
Seventeen-year-old juvenile justice aids. A sum sufficient for
8the purposes under s. 48.5275.
AB1036,4
9Section 4
. 48.02 (1d) of the statutes is amended to read:
AB1036,9,1310
48.02
(1d) “Adult" means a person who is 18 years of age or older
, except that
11for purposes of investigating or prosecuting a person who is alleged to have violated
12any state or federal criminal law or any civil law or municipal ordinance, “
adult"
13means a person who has attained 17 years of age.
AB1036,5
14Section 5
. 48.02 (2) of the statutes is amended to read:
AB1036,9,1915
48.02
(2) “Child," when used without further qualification, means a person who
16is less than 18 years of age
, except that for purposes of investigating or prosecuting
17a person who is alleged to have violated a state or federal criminal law or any civil
18law or municipal ordinance, “child" does not include a person who has attained 17
19years of age.
AB1036,6
1Section
6. 48.355 (4) (b) 3. of the statutes is repealed.
AB1036,7
2Section
7. 48.355 (4) (b) 4. of the statutes is amended to read:
AB1036,10,193
48.355
(4) (b) 4. The date on which the child
is granted a high school or high
4school equivalency diploma or the date on which the child attains 21 years of age,
5whichever occurs first, if the child is a full-time student at a secondary school or its
6vocational or technical equivalent and
if an individualized education program under
7s. 115.787 is in effect for the child is reasonably expected to complete the program
8before attaining 21 years of age; is enrolled in an institution that provides
9postsecondary or vocational education; is participating in a program or activity
10designed to promote, or remove barriers to, employment; is employed for at least 80
11hours per month; or is incapable of doing any of those activities due to a medical
12condition, which incapacity is supported by regularly updated information in the
13child's permanency plan. The court may not grant an order that terminates as
14provided in this subdivision unless the child is 17 years of age or older when the order
15is granted and the child, or the child's guardian on behalf of the child, agrees to the
16order. At any time after the child attains 18 years of age, the child, or the child's
17guardian on behalf of the child, may request the court in writing to terminate the
18order and, on receipt of such a request, the court, without a hearing, shall terminate
19the order.
AB1036,8
20Section
8. 48.357 (6) (a) 3. of the statutes is repealed.
AB1036,9
21Section
9. 48.357 (6) (a) 4. of the statutes is amended to read:
AB1036,11,1322
48.357
(6) (a) 4. The date on which the child
is granted a high school or high
23school equivalency diploma or the date on which the child attains 21 years of age,
24whichever occurs first, if the child is a full-time student at a secondary school or its
25vocational or technical equivalent and
if an individualized education program under
1s. 115.787 is in effect for the child is reasonably expected to complete the program
2before attaining 21 years of age; is enrolled in an institution that provides
3postsecondary or vocational education; is participating in a program or activity
4designed to promote, or remove barriers to, employment; is employed for at least 80
5hours per month; or is incapable of doing any of those activities due to a medical
6condition, which incapacity is supported by regularly updated information in the
7child's permanency plan. The court may not grant an order that terminates as
8provided in this subdivision unless the child is 17 years of age or older when the order
9is granted and the child, or the child's guardian on behalf of the child, agrees to the
10order. At any time after the child attains 18 years of age, the child, or the child's
11guardian on behalf of the child, may request the court in writing to terminate the
12order and, on receipt of such a request, the court, without a hearing, shall terminate
13the order.
AB1036,10
14Section
10. 48.365 (5) (b) 3. of the statutes is repealed.
AB1036,11
15Section
11. 48.365 (5) (b) 4. of the statutes is amended to read:
AB1036,12,716
48.365
(5) (b) 4. The date on which the child
is granted a high school or high
17school equivalency diploma or the date on which the child attains 21 years of age,
18whichever occurs first, if the child is a full-time student at a secondary school or its
19vocational or technical equivalent and
if an individualized education program under
20s. 115.787 is in effect for the child is reasonably expected to complete the program
21before attaining 21 years of age; is enrolled in an institution that provides
22postsecondary or vocational education; is participating in a program or activity
23designed to promote, or remove barriers to, employment; is employed for at least 80
24hours per month; or is incapable of doing any of those activities due to a medical
25condition, which incapacity is supported by regularly updated information in the
1child's permanency plan. The court may not grant an order that terminates as
2provided in this subdivision unless the child is 17 years of age or older when the order
3is granted and the child, or the child's guardian on behalf of the child, agrees to the
4order. At any time after the child attains 18 years of age, the child, or the child's
5guardian on behalf of the child, may request the court in writing to terminate the
6order and, on receipt of such a request, the court, without a hearing, shall terminate
7the order.
AB1036,12
8Section
12. 48.366 (1) (intro.) of the statutes is amended to read:
AB1036,12,129
48.366
(1) Applicability. (intro.) This section applies to a person
who is a
10full-time student of a secondary school or its vocational or technical equivalent, for
11whom an individualized education program under s. 115.787 is in effect, and 12described in sub. (1m) to whom any of the following applies:
AB1036,13
13Section
13. 48.366 (1) (a) of the statutes is amended to read:
AB1036,12,1914
48.366
(1) (a) The person is placed in a foster home, group home, or residential
15care center for children and youth, in the home of a relative other than a parent, or
16in a supervised independent living arrangement under an order under s. 48.355,
1748.357, or 48.365 that terminates as provided in s. 48.355 (4) (b) 1.
, 2., or 3. or 2.,
1848.357 (6) (a) 1.
, 2., or 3. or 2., or 48.365 (5) (b) 1.
, 2., or 3. 2. on or after the person
19attains 18 years of age.
AB1036,14
20Section
14. 48.366 (1m) of the statutes is created to read:
AB1036,13,521
48.366
(1m) Duration of eligibility. A person may continue in out-of-home
22care under a voluntary agreement under sub. (3) until the person attains 21 years
23of age if the person is a full-time student at a secondary school or its vocational or
24technical equivalent and is reasonably expected to complete the program before
25attaining 21 years of age; is enrolled in an institution that provides postsecondary
1or vocational education; is participating in a program or activity designed to promote,
2or remove barriers to, employment; is employed for at least 80 hours per month; or
3is incapable of doing any of those activities due to a medical condition, which
4incapacity is supported by regularly updated information in the person's
5permanency plan.
AB1036,15
6Section
15. 48.366 (2) (b) 4. of the statutes is amended to read:
AB1036,13,237
48.366
(2) (b) 4. If the court determines that the person who is the subject of
8an order described in sub. (1) (a) or (b) understands that he or she may continue in
9out-of-home care, but wishes to be discharged from that care on termination of the
10order, the court shall advise the person that he or she may enter into a voluntary
11agreement under sub. (3) at any time before he or she
is granted a high school or high
12school equivalency diploma or reaches attains 21 years of age,
whichever occurs first, 13so long as he or she
is a full-time student at a secondary school or its vocational or
14technical equivalent and an individualized education program under s. 115.787 is in
15effect for him or her meets any of the conditions for eligibility described in sub. (1m).
16If the court determines that the person wishes to continue in out-of-home care under
17an extension of an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a),
18the court shall schedule an extension hearing under s. 48.365. If the court
19determines that the person wishes to continue in out-of-home care under a
20voluntary agreement under sub. (3), the court shall order the agency primarily
21responsible for providing services to the person under the order to provide
22transition-to-independent-living services for the person under that voluntary
23agreement.
AB1036,16
24Section
16. 48.366 (3) (a) of the statutes is amended to read:
AB1036,14,12
148.366
(3) (a) On termination of an order described in sub. (1) (a) or (b), the
2person who is the subject of the order, or the person's guardian on behalf of the
3person, and the agency primarily responsible for providing services to the person
4under the order may enter into a transition-to-independent-living agreement
5under which the person continues in out-of-home care
and continues to be a
6full-time student at a secondary school or its vocational or technical equivalent
7under an individualized education program under s. 115.787 until the date on which
8the person
reaches attains 21 years of age,
is granted a high school or high school
9equivalency diploma no longer meets any of the conditions for eligibility described
10in sub. (1m), or terminates the agreement as provided in par. (b), whichever occurs
11first, and the agency provides services to the person to assist him or her in
12transitioning to independent living.
AB1036,17
13Section
17. 48.366 (3) (c) of the statutes is amended to read:
AB1036,14,2414
48.366
(3) (c) A person who terminates a voluntary agreement under this
15subsection, or the person's guardian on the person's behalf, may request the agency
16primarily responsible for providing services to the person under the agreement to
17enter into a new voluntary agreement under this subsection at any time before the
18person
is granted a high school or high school equivalency diploma or reaches attains 1921 years of age,
whichever occurs first, so long as the person
is a full-time student
20at a secondary school or its vocational or technical equivalent and an individualized
21education program under s. 115.787 is in effect for him or her
meets any of the
22conditions for eligibility described in sub. (1m). If the request meets the conditions
23set forth in the rules promulgated under sub. (4) (b), the agency shall enter into a new
24voluntary agreement with that person.
AB1036,18
25Section
18. 48.396 (1) of the statutes is amended to read:
AB1036,16,2
148.396
(1) Law enforcement officers' records of children shall be kept separate
2from records of adults. Law enforcement officers' records of the adult expectant
3mothers of unborn children shall be kept separate from records of other adults. Law
4enforcement officers' records of children and the adult expectant mothers of unborn
5children shall not be open to inspection or their contents disclosed except under sub.
6(1b), (1d), (5), or (6) or s. 48.293 or 938.396 (2m) (c) 1p. or by order of the court. This
7subsection does not apply to the representatives of newspapers or other reporters of
8news who wish to obtain information for the purpose of reporting news without
9revealing the identity of the child or adult expectant mother involved, to the
10confidential exchange of information between the police and officials of the public or
11private school attended by the child or other law enforcement or social welfare
12agencies, or to children
10 13 years of age or older who are subject to the jurisdiction
13of the court of criminal jurisdiction. A public school official who obtains information
14under this subsection shall keep the information confidential as required under s.
15118.125, and a private school official who obtains information under this subsection
16shall keep the information confidential in the same manner as is required of a public
17school official under s. 118.125. This subsection does not apply to the confidential
18exchange of information between the police and officials of the tribal school attended
19by the child if the police determine that enforceable protections are provided by a
20tribal school policy or tribal law that requires tribal school officials to keep the
21information confidential in a manner at least as stringent as is required of a public
22school official under s. 118.125. A law enforcement agency that obtains information
23under this subsection shall keep the information confidential as required under this
24subsection and s. 938.396 (1) (a). A social welfare agency that obtains information
1under this subsection shall keep the information confidential as required under ss.
248.78 and 938.78.
AB1036,19
3Section 19
. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
4is amended to read:
AB1036,16,86
SUBCHAPTER IX
7
JURISDICTION OVER
PERSON 17
8
OR OLDER adults
AB1036,20
9Section 20
. 48.44 of the statutes is amended to read:
AB1036,16,13
1048.44 Jurisdiction over persons 17 or older adults. The court has
11jurisdiction over
persons 17 years of age or older
adults as provided under ss. 48.133,
1248.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in
13this chapter.
AB1036,21
14Section 21
. 48.45 (1) (a) of the statutes is amended to read:
AB1036,16,2215
48.45
(1) (a) If in the hearing of a case of a child alleged to be in a condition
16described in s. 48.13 it appears that any
person 17 years of age or older adult has been
17guilty of contributing to, encouraging, or tending to cause by any act or omission
,
18such that condition of the child, the judge may make orders with respect to the
19conduct of
such that person in his or her relationship to the child, including orders
20determining the ability of the person to provide for the maintenance or care of the
21child and directing when, how
, and
from where funds for the maintenance or care
22shall be paid.
AB1036,22
23Section 22
. 48.45 (1) (am) of the statutes is amended to read:
AB1036,17,524
48.45
(1) (am) If in the hearing of a case of an unborn child and the unborn
25child's expectant mother alleged to be in a condition described in s. 48.133 it appears
1that any
person 17 years of age or over
adult has been guilty of contributing to,
2encouraging, or tending to cause by any act or omission
, such that condition of the
3unborn child and expectant mother, the judge may make orders with respect to the
4conduct of
such that person in his or her relationship to the unborn child and
5expectant mother.