AB68: Bill Text

AB68,3161 Section 3161 . 938.299 (1) (a) of the statutes is amended to read:

AB68,1653,2 938.299 (1) (a) Except as provided in par. (ar), the The general public shall be excluded from hearings under this chapter unless a public fact-finding hearing is demanded by a juvenile through his or her counsel. The court shall refuse to grant the public hearing, however, if the victim of an alleged sexual assault objects or, in a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is not held, only the parties, their counsel, witnesses, a representative of the news media who wishes to attend the hearing for the purpose of reporting news without revealing the identity of the juvenile involved and other persons requested by a party and approved by the court may be present. Any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar or a person engaged in the bona fide research, monitoring, or evaluation of activities conducted under 42 USC 629h, as determined by the director of state courts, may be admitted by the court.

AB68,3162 Section 3162 . 938.299 (1) (ar) of the statutes is repealed.

AB68,3163 Section 3163 . 938.299 (1) (av) of the statutes is amended to read:

AB68,1653,6 938.299 (1) (av) If a public hearing is held under par. (a) or (ar), any person may disclose to anyone any information obtained as a result of that hearing.

AB68,3164 Section 3164 . 938.299 (2) of the statutes is created to read:

AB68,1653,12 938.299 (2) Use of restraints on a juvenile. (a) Except as provided in par. (b), instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other similar items may not be used on a juvenile during a court proceeding under this chapter and shall be removed prior to the juvenile being brought into the courtroom to appear before the court.

AB68,1653,15 (b) A court may order a juvenile to be restrained during a court proceeding upon request of the district attorney, corporation counsel, or other appropriate official specified under s. 938.09 if the court finds all of the following:

AB68,1653,16 1. That the use of restraints is necessary due to one of the following factors:

AB68,1653,18 a. Instruments of restraint are necessary to prevent physical harm to the juvenile or another person.

AB68,1653,22 b. The juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or the juvenile presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior.

AB68,1653,24 c. There is a reasonable belief that the juvenile presents a substantial risk of flight from the courtroom.

AB68,1654,3 2. That there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the juvenile or another person, including the presence of court personnel, law enforcement officers, or bailiffs.

AB68,1654,6 (c) The court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of restraints under par. (b). The court shall make written findings of fact in support of any order to use restraints under par. (b).

AB68,1654,9 (d) If the court orders a juvenile to be restrained under par. (b), the restraints shall allow the juvenile limited movement of the hands to read and handle documents and writings necessary to the hearing.

AB68,1654,11 (e) No juvenile may be restrained during a court proceeding under this chapter using fixed restraints attached to a wall, floor, or furniture.

AB68,3165 Section 3165. 938.31 (2) of the statutes is amended to read:

AB68,1654,22 938.31 (2) Hearing to the court; procedures. The Except as provided in s. 938.184 (6) (a), the hearing shall be to the court. If the hearing involves a child victim, as defined in s. 938.02 (20m) (a) 1., or a child witness, as defined in s. 950.02 (5), the court may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court shall make a determination of the facts. If the court finds that the juvenile is not within the jurisdiction of the court or the court finds that the facts alleged in the petition or citation have not been proved, the court shall dismiss the petition or citation with prejudice.

AB68,3166 Section 3166. 938.32 (1) (br) of the statutes is created to read:

AB68,1655,6 938.32 (1) (br) If the consent decree places a juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency primarily responsible for providing services to the juvenile shall submit it and the recommendation of the qualified individual who completed the assessment, including all of the following, to the court and to all persons who are parties to the consent decree, no later than the time the consent decree is entered or, if not available by that time, no later than 30 days after the date on which the placement is made:

AB68,1655,8 1. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

AB68,1655,10 2. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68,1655,13 3. The reasons why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

AB68,1655,16 4. The placement preference of the family permanency team under s. 938.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68,3167 Section 3167. 938.32 (1) (c) 1r. of the statutes is created to read:

AB68,1655,23 938.32 (1) (c) 1r. Except as provided in par. (cd), if the juvenile is placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment under par. (br):

AB68,1655,25 a. Whether the needs of the juvenile can be met through placement in a foster home.

AB68,1656,4 b. Whether placement of the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the juvenile in the least restrictive environment.

AB68,1656,6 c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68,1656,7 d. Whether the court approves or disapproves the placement.

AB68,3168 Section 3168. 938.32 (1) (cd) of the statutes is created to read:

AB68,1656,14 938.32 (1) (cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par. (c) 1r. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par. (c) 1r.

AB68,3169 Section 3169. 938.32 (1x) of the statutes is amended to read:

AB68,1656,22 938.32 (1x) Supervised work program. If the petition alleges that the juvenile violated s. 943.017 and the juvenile has attained 10 12 years of age, the court may require, as a condition of the consent decree, that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is a total of 40 under the consent decree.

AB68,3170 Section 3170. 938.33 (3) (c) of the statutes is created to read:

AB68,1657,4 938.33 (3) (c) A recommendation for the specific juvenile correctional facility or secured residential care center for children and youth in which the juvenile should be placed. An agency recommending placement of the juvenile under the supervision of the department of corrections in a juvenile correctional facility shall, in consultation with the department of corrections, base its recommendation on an assessment of the juvenile's needs.

AB68,3171 Section 3171 . 938.33 (3r) of the statutes is repealed.

AB68,3172 Section 3172. 938.33 (4) (cm) of the statutes is created to read:

AB68,1657,8 938.33 (4) (cm) A statement indicating whether the recommended placement is certified under s. 48.675.

AB68,3173 Section 3173. 938.33 (4) (cr) of the statutes is created to read:

AB68,1657,15 938.33 (4) (cr) 1. If the report recommends placement of a juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, except as provided in subd. 2., the report shall contain the results of the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following:

AB68,1657,17 a. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

AB68,1657,19 b. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68,1657,22 c. The reasons why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

AB68,1657,25 d. The placement preference of the family permanency team under s. 938.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68,1658,4 2. If the information under subd. 1. is not available at the time of the report, the agency shall submit it by the date of the dispositional hearing or, if it is not available on that date, no later than 30 days after the date on which the placement was made.

AB68,3174 Section 3174. 938.34 (intro.) of the statutes is amended to read:

AB68,1658,15 938.34 Disposition of juvenile adjudged delinquent. (intro.) If the court adjudges a juvenile delinquent, the court shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan. A disposition under sub. (4m) must be combined with a disposition under sub. (4n), and a disposition under sub. (4p) must be combined with a disposition under subs. (4m) and (4n). In deciding the dispositions for a juvenile who is adjudicated delinquent, the court shall consider the seriousness of the act for which the juvenile is adjudicated delinquent and may consider any other delinquent act that is read into the record and dismissed at the time of the adjudication. The dispositions under this section are:

AB68,3175 Section 3175. 938.34 (3) (f) 1. of the statutes is amended to read:

AB68,1658,23 938.34 (3) (f) 1. The placement may be for any combination of single or consecutive days totalling not more than 365 in a juvenile detention facility under s. 938.22 (2) (d) 1. and may be for no more than 30 consecutive days in any other juvenile detention facility 30, including any placement under pars. (a) to (e). The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this paragraph for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.

AB68,3176 Section 3176 . 938.34 (3g) of the statutes is amended to read:

AB68,1659,3 938.34 (3g) Electronic monitoring. Monitoring by an electronic monitoring system for a juvenile subject to an order under sub. (2), (2r), (3) (a) to (e), (4h) or (4n) who is placed in the community.

AB68,3177 Section 3177 . 938.34 (4d) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is repealed.

AB68,3178 Section 3178 . 938.34 (4d) (b) of the statutes is amended to read:

AB68,1659,13 938.34 (4d) (b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the court determines that any of the conditions specified in sub. (4m) (b) 1., 2., or 3. applies, but that placement in the serious juvenile offender program under sub. (4h) or in a juvenile correctional facility under sub. (4m) would not be appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection.

AB68,3179 Section 3179 . 938.34 (4h) of the statutes is repealed.

AB68,3180 Section 3180 . 938.34 (4m) (intro.) of the statutes, as affected by 2019 Wisconsin Act 8, section 33, is amended to read:

AB68,1659,20 938.34 (4m) Correctional placement. (intro.) Place the juvenile under the supervision of the department of corrections in a juvenile correctional facility or the county department in a secured residential care center for children and youth identified by the county department if all of the following apply:

AB68,3181 Section 3181 . 938.34 (4m) (b) (intro.) of the statutes is amended to read:

AB68,1660,2 938.34 (4m) (b) (intro.) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the court determines that any of the following conditions applies, but that placement in the serious juvenile offender program under sub. (4h) is not appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection:

AB68,3182 Section 3182 . 938.34 (4m) (b) 2. of the statutes is amended to read:

AB68,1660,8 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

AB68,3183 Section 3183 . 938.34 (4m) (c) of the statutes is created to read:

AB68,1660,14 938.34 (4m) (c) For a placement under the supervision of the department of corrections, the placement is recommended in the report under s. 938.33. For a placement under the supervision of a county department, the specific residential care center for children and youth in which the juvenile is placed is identified by the county department.

AB68,3184 Section 3184. 938.34 (4n) (intro.) of the statutes, as affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1660,21 938.34 (4n) Aftercare supervision. (intro.) In the case of a juvenile who has received a correctional placement under sub. (4m), designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from a secured residential care center for children and youth or Type 1 juvenile correctional facility:

AB68,3185 Section 3185. 938.34 (4p) of the statutes is created to read:

AB68,1661,6 938.34 (4p) Extended juvenile disposition. In the case of a juvenile who has received a correctional placement under sub. (4m) and is subject to extended juvenile jurisdiction under s. 938.184, place the juvenile under the supervision of the department of corrections in an extended juvenile disposition upon termination of the order imposing the disposition under sub. (4m) if the court finds that a disposition under sub. (4m) is insufficient to protect public safety or for rehabilitation, considering the juvenile's risk, treatment needs, and age and the severity of the offense. A disposition under this subsection shall be stayed pending the outcome of the hearing under s. 938.369.

AB68,3186 Section 3186 . 938.34 (8) of the statutes is amended to read:

AB68,1662,5 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age juveniles, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB68,3187 Section 3187 . 938.341 of the statutes is amended to read:

AB68,1662,10 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (2), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

AB68,3188 Section 3188 . 938.343 (2) of the statutes is amended to read:

AB68,1663,3 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age juveniles, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB68,3189 Section 3189 . 938.344 (3) of the statutes is amended to read:

AB68,1663,12 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB68,3190 Section 3190 . 938.35 (1m) of the statutes is amended to read:

AB68,1663,19 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age becomes an adult. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB68,3191 Section 3191. 938.355 (2) (b) 2. of the statutes is amended to read:

AB68,1664,5 938.355 (2) (b) 2. If the juvenile is placed outside the home under s. 938.34 (3) or (4d), the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home and the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court and the parent within 21 days after the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent would result in imminent danger to the juvenile or the foster parent, the court may order the name and address of the prospective foster parents withheld from the parent or guardian.