2005 Wisconsin Act 344

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.

344,364 Section 364. 938.33 (3r) of the statutes is amended to read:

938.33 (3r) Serious juvenile offender report. If a juvenile has been adjudicated delinquent for committing a violation for which the juvenile may be placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the juvenile's suitability for placement in the serious juvenile offender program under s. 938.34 (4h) or in a secured juvenile correctional facility or a secured group home under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the juvenile's home with supervision and community-based programming and a recommendation as to the type of placement for which the juvenile is best suited.

344,365 Section 365. 938.33 (4m) (intro.) of the statutes is amended to read:

938.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors that the court considers under s. 301.12 (14) (c) for deviation from the percentage standard. At or before the dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent with all of the following:

344,366 Section 366. 938.335 (1) of the statutes is amended to read:

938.335 (1) When required. The court shall conduct a hearing to determine the disposition of a case in which a juvenile is adjudged to be delinquent under s. 938.12, to have violated a civil law or ordinance under s. 938.125, or to be in need of protection or services under s. 938.13, except that the court shall proceed as provided in under s. 938.237 (2) if a citation is issued and the juvenile fails to contest the citation.

344,367 Section 367. 938.335 (3) (title) of the statutes is created to read:

938.335 (3) (title) Evidence and recommendations.

344,368 Section 368. 938.335 (3g) of the statutes is renumbered 938.335 (3g) (intro.) and amended to read:

938.335 (3g) Reasonable efforts finding. (intro.) At hearings under this section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of the juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth, or in the home of a relative other than a parent, the agency shall present as evidence specific information showing that continued all of the following:

(a) That continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the.

(b) That 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 any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and specific information showing that the .

(c) That 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 any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

344,369 Section 369. 938.335 (3m) (title) of the statutes is created to read:

938.335 (3m) (title) Victims' statements.

344,370 Section 370. 938.335 (3m) (a) of the statutes is renumbered 938.335 (3m) (intro.) and amended to read:

938.335 (3m) (intro.) Before imposing a disposition in a proceeding in which a juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the all of the following shall occur:

(ag) 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 paragraph. Any statement made under this paragraph must be relevant to the disposition.

344,371 Section 371. 938.335 (3m) (am) of the statutes is amended to read:

938.335 (3m) (am) Before imposing a disposition in a proceeding in which a juvenile is adjudged to be delinquent under s. 938.12 or is found 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. (b) 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 the dispositional hearing, and, if so, whether the district attorney or corporation counsel provided to the victim notice of the date, time, and place of the hearing.

344,372 Section 372. 938.335 (3m) (b) of the statutes is amended to read:

938.335 (3m) (b) After a finding that a juvenile is delinquent under s. 938.12 or is found 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 par. (a) (ag). Any failure to comply with this paragraph is not a ground for an appeal of a dispositional order or for any court to reverse or modify a dispositional order.

344,373 Section 373. 938.335 (3r) (title), (4) (title) and (5) (title) of the statutes are created to read:

938.335 (3r) (title) Child support.

(4) (title) Testimony by telephone or live audiovisual means.

(5) (title) Dispositional order.

344,374 Section 374. 938.34 (2) (a) and (b) of the statutes are amended to read:

938.34 (2) (a) Place the juvenile under the supervision of an agency, the department, if the department approves, or a suitable adult, including a friend of the juvenile, under conditions prescribed by the court, including reasonable rules for the juvenile's conduct, designed for the physical, mental, and moral well-being and behavior of the juvenile.

(b) If the juvenile is placed in the juvenile's home under the supervision of an agency or the department, order the agency or department to provide specified services to the juvenile and the juvenile's family, which may include but are not limited to including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, day care, or parent skills training.

344,375 Section 375. 938.34 (2g) (intro.) and (a) of the statutes are amended to read:

938.34 (2g) Volunteers in probation program. (intro.) If the juvenile is adjudicated delinquent for the commission of 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 court determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community, placement of place the juvenile with that the volunteers in probation program under such conditions as the court determines are reasonable and appropriate. These 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 court, or any combination of these functions.

344,376 Section 376. 938.34 (2m) (a) and (c) of the statutes are amended to read:

938.34 (2m) (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 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.

344,377 Section 377. 938.34 (3) (a), (b) and (e) of the statutes are amended to read:

938.34 (3) (a) The home of a parent or other relative of the juvenile, except that the court may not designate the home of a parent or other relative of the juvenile as the juvenile's placement if the parent or other relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional of the homicide, of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

(b) The home of a person who is not required to be licensed if placement is for less than 30 days, except that the court may not designate the home of a person who is not required to be licensed as the juvenile's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional of the homicide, of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

(e) An independent living situation effective on or after the juvenile's 17th birthday, either alone or with friends, under such supervision as the court considers appropriate, but only if the juvenile is of sufficient maturity and judgment to live independently and only upon proof of a reasonable plan for supervision by an appropriate person or agency.

344,378 Section 378. 938.34 (4d) of the statutes is amended to read:

938.34 (4d) Type 2 child caring institution residential care center for children and youth placement. Place the juvenile in a Type 2 child caring institution residential care center for children and youth under the supervision of the county department and subject to Type 2 status, as described in s. 938.539, but only if all of the following apply:

(a) The juvenile has been found to be delinquent for the commission of an act which if committed by an adult that would be punishable by a sentence of 6 months or more if committed by an adult.

(b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the judge 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 secured 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.

344,379 Section 379. 938.34 (4h) (a) and (b) of the statutes are amended to read:

938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing or conspiring to commit a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of 940.02 or 940.05.

(b) The judge court finds that the only other disposition that would be is appropriate for the juvenile would be is placement of the juvenile in a secured juvenile correctional facility under sub. (4m).

Note: 1. Clarifies that, in s. 938.34 (4h) (a), stats., conspiracy to commit an offense [s. 939.31, stats.] means conspiracy to commit an offense listed as a serious juvenile offender offense.

2. Adds to s. 938.34 (4h) (a), stats., attempted armed robbery and 2nd degree reckless homicide as serious juvenile offender offenses.

344,380 Section 380. 938.34 (4m) (intro.), (a) and (b) (intro.) of the statutes are amended to read:

938.34 (4m) Correctional placement. (intro.) Place the juvenile in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth under the supervision of the department or in a secured group home under the supervision of a county department if the juvenile is 12 years of age or over or, if the juvenile is under 12 years of age, in a secured child caring institution under the supervision of the department or in a secured group home under the supervision of a county department, unless the department, after an examination under s. 938.50, determines that placement in a secured correctional facility is more appropriate, but only if all of the following apply:

(a) The juvenile has been found to be delinquent for the commission of an act which if committed by an adult that would be punishable by a sentence of 6 months or more if committed by an adult.

(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 judge court determines that any of the following conditions applies, but that placement in the serious juvenile offender program under sub. (4h) would is 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:

Note: Permits the court, under s. 938.34 (4m) (intro.), stats., to place a juvenile in either a juvenile correctional facility or a secure residential care center for children and youth. Does not specify age requirements for either placement.

344,381 Section 381. 938.34 (4n) (intro.) and (b) of the statutes are amended to read:

938.34 (4n) Aftercare supervision. (intro.) Subject to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured juvenile correctional facility , a secured child caring institution, or a secured group home residential care center for children and youth, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured juvenile correctional facility, secured child caring institution, or secured group home residential care center for children and youth:

(b) The county department of the county of the court that placed the juvenile in the secured juvenile correctional facility, secured child caring institution or secured group home residential care center for children and youth.

344,382 Section 382. 938.34 (5) (a), (am) and (c) of the statutes are amended to read:

938.34 (5) (a) Subject to par. (c), if the juvenile is found to have committed a delinquent act which has that resulted in damage to the property of another, or actual physical injury to another excluding pain and suffering, order the juvenile 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 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 such The order 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 order 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 is entitled to a hearing on the question of damages before the amount of restitution is ordered. Any recovery under this paragraph shall be reduced by the amount recovered as restitution under s. 938.45 (1r) (a).

(am) Subject to par. (c), order a juvenile who owes restitution under par. (a) and who is receiving income while placed in a secured juvenile correctional facility, residential treatment care center for children and youth, or other out-of-home placement to contribute a stated specified percentage of that income towards that restitution.

(c) Under this subsection, a 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 order.

Note: Clarifies, in s. 938.34 (5) (c), stats., that a juvenile under 14 years of age may not make more than $250 in restitution or perform more than 40 hours of services for each dispositional order.

344,383 Section 383. 938.34 (5g) (b) of the statutes is amended to read: