2005 Wisconsin Act 344

938.315 (1) (a) 3. Any period of delay caused by the The disqualification or substitution of a judge or by any other transfer of the case or intake inquiry to a different judge, intake worker or county.

344,334 Section 334. 938.315 (1) (d) of the statutes is renumbered 938.315 (1) (a) 4. and amended to read:

938.315 (1) (a) 4. Any period of delay resulting from a A continuance granted at the request of the representative of the public under s. 938.09 if the continuance is granted because of the unavailability of evidence material to the case when he or she has exercised due diligence to obtain the evidence and there are reasonable grounds to believe that the evidence will be available at the later date, or to allow him or her additional time to prepare the case and additional time is justified because of the exceptional circumstances of the case.

344,335 Section 335. 938.315 (1) (dm) of the statutes is renumbered 938.315 (1) (a) 5. and amended to read:

938.315 (1) (a) 5. Any period of delay resulting from court Court congestion or scheduling.

344,336 Section 336. 938.315 (1) (e) of the statutes is renumbered 938.315 (1) (a) 6. and amended to read:

938.315 (1) (a) 6. Any period of delay resulting from the The imposition of a consent decree.

344,337 Section 337. 938.315 (1) (f) of the statutes is renumbered 938.315 (1) (a) 7. and amended to read:

938.315 (1) (a) 7. Any period of delay resulting from the The absence or unavailability of the juvenile.

344,338 Section 338. 938.315 (1) (fm) of the statutes is renumbered 938.315 (1) (a) 8. and amended to read:

938.315 (1) (a) 8. Any period of delay resulting from the The inability of the court to provide the juvenile with notice of an extension hearing under s. 938.365 due to the juvenile having run away or otherwise having made himself or herself unavailable to receive that notice.

344,339 Section 339. 938.315 (1) (h) of the statutes is renumbered 938.315 (1) (a) 9. and amended to read:

938.315 (1) (a) 9. Any period of delay resulting from the The need to appoint a qualified interpreter.

344,340 Section 340. 938.315 (1) (i) of the statutes is renumbered 938.315 (1) (a) 10. and amended to read:

938.315 (1) (a) 10. Any period of delay resulting from consultation Consultation under s. 938.24 (2r) or 938.25 (2g).

344,341 Section 341. 938.315 (2) (title), (2m) (title) and (3) (title) of the statutes are created to read:

938.315 (2) (title) Continuance for good cause.

(2m) (title) When no continuance, extension, or exclusion permitted.

(3) (title) Consequences of failure to comply with time limit.

344,342 Section 342. 938.32 (1) (title) of the statutes is created to read:

938.32 (1) (title) When ordered; terms; victims' rights; procedures.

344,343 Section 343. 938.32 (1) (a) and (am) of the statutes are amended to read:

938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or circuit commissioner court may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement. The court may establish terms and conditions applicable to the parent, guardian, or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1p), (1t), (1v), and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian, or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to in writing and be given to the parties.

(am) Before entering into a consent decree in a case in which the juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall, as soon as practicable but in any event before agreeing to the consent decree, offer all of the victims of the juvenile's alleged act who have so requested the opportunity an opportunity to confer with the district attorney or corporation counsel concerning the proposed consent decree. The duty to offer an opportunity to confer under this paragraph does not limit the obligation of the district attorney or corporation counsel to exercise his or her discretion concerning the handling of the proceeding against the juvenile.

344,344 Section 344. 938.32 (1) (b) 1. of the statutes is renumbered 938.32 (1) (b) (intro.) and amended to read:

938.32 (1) (b) (intro.) Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the all of the following shall occur:

1g. The court shall determine whether a victim of the juvenile's act wants to make a statement to the court. If a victim wants to make a statement, the court shall allow the victim to make a statement in court or to submit a written statement to be read to the court. The court may allow any other person to make or submit a statement under this subdivision. Any statement made under this subdivision must be relevant to the consent decree.

344,345 Section 345. 938.32 (1) (b) 1m. of the statutes is amended to read:

938.32 (1) (b) 1m. Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the The court shall inquire of the district attorney or corporation counsel whether he or she has complied with par. (am), whether he or she has complied with subd. 2. and whether he or she has complied with s. 938.27 (4m), whether any of the known victims requested notice of the date, time, and place of any hearing to be held on the consent decree, and, if so, whether the district attorney provided to the victim notice of the date, time, and place of the hearing.

344,346 Section 346. 938.32 (1) (b) 2. of the statutes is amended to read:

938.32 (1) (b) 2. Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the The district attorney or corporation counsel shall make a reasonable attempt to contact any known victim to inform that person of the right to make a statement under subd. 1. 1g. Any failure to comply with this subdivision is not a ground for discharge of the juvenile, parent, guardian, or legal custodian from fulfilling the terms and conditions of the consent decree.

344,347 Section 347. 938.32 (1) (c) 1. of the statutes is renumbered 938.32 (1) (c) 1. (intro.) and amended to read:

938.32 (1) (c) 1. (intro.) If at the time the consent decree is entered into the juvenile is placed outside the home under a voluntary agreement under s. 48.63 or is otherwise living outside the home without a court order and if the consent decree maintains the juvenile in that placement or other living arrangement, the consent decree shall include a all of the following:

a. A finding that placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, a.

b. A finding as to whether the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the judge or circuit court commissioner court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and a.

c. A finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the judge or circuit court commissioner court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

344,348 Section 348. 938.32 (1) (c) 2. of the statutes is amended to read:

938.32 (1) (c) 2. If the judge or circuit court commissioner court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the consent decree shall include a determination that the county department or agency primarily responsible for providing services under the consent decree is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

344,349 Section 349. 938.32 (1) (c) 3. and (d) of the statutes are amended to read:

938.32 (1) (c) 3. The judge or circuit court commissioner court shall make the findings specified in subds. 1. and 2. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the consent decree. A consent decree that merely references subd. 1. or 2. without documenting or referencing that specific information in the consent decree or an amended consent decree that retroactively corrects an earlier consent decree that does not comply with this subdivision is not sufficient to comply with this subdivision.

(d) 1. If the judge or circuit court commissioner court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the judge or circuit court commissioner court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the The agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

2. If a hearing is held under subd. 1., at At least 10 days before the date of the hearing under subd. 1., the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A The foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that the notice and having the opportunity to be heard.

344,350 Section 350. 938.32 (1d) of the statutes is amended to read:

938.32 (1d) Volunteers in probation program. If the petition alleges that the juvenile has committed an act that would constitute a misdemeanor if committed by an adult, if the chief judge of the judicial administrative district has approved under s. 973.11 (2) a volunteers in probation program established in the juvenile's county of residence, and if the judge or circuit court commissioner court determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community, the judge or circuit court commissioner court may establish as a condition under sub. (1) that the juvenile be placed with that volunteers in probation program under such conditions as that the judge or circuit court commissioner court determines are reasonable and appropriate. These The conditions may include, but need not be limited to, any of the following:

(a) A directive to a volunteer to provide be a role model for the juvenile a role model, informal counseling, general monitoring and, monitoring of the conditions established by the judge or circuit court commissioner court, or any combination of these functions.

(b) Any other conditions that the judge or circuit court commissioner court may establish under this section.

344,351 Section 351. 938.32 (1g) (intro.) and (b) of the statutes are amended to read:

938.32 (1g) Alcohol or other drug abuse treatment and education. (intro.) If the petition alleges that the juvenile committed a violation specified under ch. 961 and if the multidisciplinary screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related to the use of alcohol beverages, controlled substances, or controlled substance analogs and its medical, personal, family, and social effects, the judge or circuit court commissioner court may establish as a condition under sub. (1) any of the following:

(b) That the juvenile participate in a court-approved pupil assistance program provided by the juvenile's school board or a court-approved alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this paragraph is subject to the approval of the juvenile's school board.

344,352 Section 352. 938.32 (1m) (intro.), (a) and (c) of the statutes are amended to read:

938.32 (1m) Teen court program. (intro.) The judge or circuit court commissioner court may establish as a condition under sub. (1) that the juvenile be placed in a teen court program if all of the following conditions apply:

(a) The chief judge of the judicial administrative district has approved a teen court program established in the juvenile's county of residence and the judge or circuit court commissioner court determines that participation in the teen court program will likely benefit the juvenile and the community.

(c) The juvenile admits or pleads no contest in open court, with in the presence of the juvenile's parent, guardian or legal custodian present, to the allegations that the juvenile committed the delinquent act.

344,353 Section 353. 938.32 (1p) of the statutes is amended to read:

938.32 (1p) Participation in youth report center. The judge or juvenile court commissioner court may establish as a condition under sub. (1) that the juvenile report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.

344,354 Section 354. 938.32 (1r) of the statutes is amended to read:

938.32 (1r) Alcohol and other drug abuse treatment; informed consent. If the conditions of the consent decree provide for an alcohol and other drug abuse outpatient treatment program under sub. (1g) (a), the juvenile or, if the juvenile has not attained the age of 12 years of age, the juvenile's parent, guardian, or legal custodian shall execute an informed consent form that indicates that they are voluntarily and knowingly entering into a consent decree for the provision of alcohol and other drug abuse outpatient treatment.

344,355 Section 355. 938.32 (1t) (title) of the statutes is created to read:

938.32 (1t) (title) Restitution.

344,356 Section 356. 938.32 (1t) (a) 1., 1m. and 3. and (b) of the statutes are amended to read:

938.32 (1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile committed a delinquent act that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the judge or circuit court commissioner court may require the juvenile as a condition of the consent decree, to repair the damage to property or to make reasonable restitution for the damage or injury, either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, if the judge or circuit court commissioner court, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile. Any consent decree that includes a condition of restitution by a juvenile shall include a finding that the juvenile alone is financially able to pay or physically able to perform the services, may allow up to the date of the expiration of the consent decree for the payment or for the completion of the services, and may include a schedule for the performance and completion of the services. Objection by If the juvenile objects to the amount of damages claimed shall entitle the juvenile to, a hearing on the question of damages shall be held to determine the amount of damages before the an amount of restitution is made part of the consent decree. Any recovery under this subdivision shall be reduced by the amount recovered as restitution for the same act under subd. 1m.

1m. If the petition alleges that the juvenile has committed a delinquent act that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the judge or circuit court commissioner court may require a parent who has custody, as defined in s. 895.035 (1), of the juvenile, as a condition of the consent decree, to make reasonable restitution for the damage or injury. Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this subdivision for damage or injury resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed $5,000. Any consent decree that includes a condition of restitution by a parent who has custody of the juvenile under this subdivision shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of the expiration of the consent decree for the payment. Objection by If the parent objects to the amount of damages claimed shall entitle the parent to, a hearing on the question of damages shall be held to determine the amount of damages before the an amount of restitution is made part of the consent decree. Any recovery under this subdivision shall be reduced by the amount recovered as restitution for the same act under subd. 1.

3. Under this paragraph, a judge or circuit court commissioner court may not order a juvenile who is under 14 years of age to make not more than $250 in restitution or to perform not more than 40 total hours of services for the victim as total restitution under the consent decree.

(b) The judge court may require the juvenile to participate in a supervised work program or other community service work under s. 938.34 (5g) as a condition of the consent 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.

344,357 Section 357. 938.32 (1v) and (1x) of the statutes are amended to read:

938.32 (1v) Parental school attendance. If the petition alleges that the juvenile is in need of protection or services under s. 938.13 (6), the judge or circuit court commissioner court may establish require as a condition under sub. (1) that the juvenile's parent, guardian, or legal custodian attend school with the juvenile.

(1x) Supervised work program. If the petition alleges that the juvenile violated s. 943.017 and the juvenile has attained the minimum age at which a juvenile may be adjudicated delinquent 10 years of age, the judge or circuit court commissioner 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.

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.

344,358 Section 358. 938.32 (2) (title) of the statutes is created to read:

938.32 (2) (title) Time period for consent decree; extension.

344,359 Section 359. 938.32 (2) (a), (3) and (4) of the statutes are amended to read:

938.32 (2) (a) A consent decree shall remain in effect for up to one year unless the juvenile, parent, guardian, or legal custodian is discharged sooner by the judge or circuit court commissioner court.

(3) Failure to follow; objection to continuance consent decree. If, prior to discharge by the court , or to the expiration of the consent decree, the court finds that the juvenile or parent, legal guardian, or legal custodian has failed to fulfill the express terms and conditions of the consent decree or that the juvenile objects to the continuation of the consent decree, the hearing under which the juvenile was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

(4) Discharge by court or completion of supervision. No A juvenile who is discharged by the court or who completes the period of supervision without reinstatement of the original petition may again not be proceeded against in any court for the same offense alleged in the petition or an offense based on the same conduct, and the original petition shall be dismissed with prejudice. Nothing in this This subsection precludes does not preclude a civil suit against the juvenile or parent for damages arising from the juvenile's conduct.

344,360 Section 360. 938.32 (5) (title) of the statutes is created to read:

938.32 (5) (title) Refusal from subsequent proceedings.

344,361 Section 361. 938.32 (5) (a) and (6) of the statutes are amended to read:

938.32 (5) (a) The court refuses to enter into a consent decree and, the allegations in the petition remain to be decided in a hearing where, and the juvenile denies the allegations of delinquency.

(6) Notice to juvenile of right to object to continuation. The judge or circuit court commissioner court shall inform the juvenile and the juvenile's parent, guardian, or legal custodian, in writing, of the juvenile's right to object to the continuation of the consent decree under sub. (3) and of the fact that the hearing under which the juvenile was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

344,362 Section 362. 938.33 (1) (intro.), (b), (c) and (f) of the statutes are amended to read:

938.33 (1) Report required. (intro.) Before the disposition of a juvenile adjudged to be delinquent or in need of protection or services, the court shall designate an agency, as defined in s. 938.38 (1) (a), to submit a report which shall contain that contains all of the following:

(b) A recommended plan of rehabilitation or treatment and care for the juvenile which is, based on the investigation conducted by the agency and any report resulting from an examination or assessment under s. 938.295, which that employs the most effective means available to accomplish the objectives of the plan.

(c) A description of the specific services or continuum of services which that the agency is recommending that the court to order for the juvenile or family, the persons or agencies that would be primarily responsible for providing those services, and the identity of the person or agency that would provide case management or coordination of services, if any or, and whether or not the juvenile should receive an integrated service plan.

(f) If the agency is recommending that the court order the juvenile's parent, guardian, or legal custodian to participate in mental health treatment, anger management, individual or family counseling, or parent training and education, a statement as to the availability of those services and as to the availability of funding for those services.

344,363 Section 363. 938.33 (3) (intro.) and (a) of the statutes are amended to read:

938.33 (3) Correctional placement reports. (intro.) A report recommending placement of a juvenile in a secured juvenile correctional facility, a secured child caring institution or a secured group home residential care center for children and youth shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile's counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following:

(a) A description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the judge court has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, the report shall indicate that a less restrictive alternative than placement in a secured juvenile correctional facility, a secured child caring institution or a secured group home residential care center for children and youth is not appropriate.