2005 Wisconsin Act 344

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:

938.34 (5g) (b) The supervised work program or other community service work shall be of a constructive nature and designed to promote the rehabilitation of the juvenile, shall be appropriate to the age level and physical ability of the juvenile, and shall be combined with counseling from a member of the staff of the county department, community agency, public agency, or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the juvenile's regular attendance at school. Subject to par. (d), the amount of work required shall be reasonably related to the seriousness of the juvenile's offense.

344,384 Section 384. 938.34 (6r) (a) and (b) and (6s) of the statutes are amended to read:

938.34 (6r) (a) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of treatment for the use or abuse of alcohol beverages, controlled substances, or controlled substance analogs and its medical, personal, family, or social effects, the court may order the juvenile to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile as to whether the juvenile is cooperating with the treatment and whether the treatment appears to be effective.

(b) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of education relating to the use of alcohol beverages, controlled substances, or controlled substance analogs, the court may order the juvenile to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile about the juvenile's attendance at the program.

(6s) Drug testing. If the report under s. 938.33 (1) indicate indicates that the juvenile is in need of treatment for the use or abuse of controlled substances or controlled substance analogs, order the juvenile to submit to drug testing under a drug testing program that the department shall promulgate by rule.

344,385 Section 385. 938.34 (7d) (a) 2., 3. and 4. of the statutes are amended to read:

938.34 (7d) (a) 2. Pursuant to Under a contractual agreement with the school district in which the juvenile resides, a nonresidential educational program provided by a licensed child welfare agency.

3. Pursuant to Under a contractual agreement with the school district in which the juvenile resides, an educational program provided by a private, nonprofit, nonsectarian agency that is located in the school district in which the juvenile resides and that complies with 42 USC 2000d.

4. Pursuant to Under a contractual agreement with the school district in which the juvenile resides, an educational program provided by a technical college district located in the school district in which the juvenile resides.

344,386 Section 386. 938.34 (8) of the statutes is amended to read:

938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of 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, $100. Any such 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, in accordance with the conditions specified in this chapter; 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 and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then 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).

344,387 Section 387. 938.34 (8d) (c) and (d) of the statutes are amended to read:

938.34 (8d) (c) If a juvenile placed in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. If a juvenile placed in a secured group home fails to pay the surcharge under par. (a), the county department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

(d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; 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 less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a surcharge imposed by the court. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

Note: Deletes the second sentence in s. 938.34 (8d) (c), stats., to reflect the deletion of references to secured group homes under this bill. See the Note to s. 938.02 (15p), stats., as affected by this bill.

344,388 Section 388. 938.34 (13r), (13t), (14d) and (14q) of the statutes are amended to read:

938.34 (13r) Violent violation in a school zone. (a) If the juvenile is adjudicated delinquent under for a violation of a violent crime law specified in s. 939.632 (1) (e) in a school zone, as defined in s. 939.632 (1) (d), the court may require that the juvenile participate for 100 hours in a supervised work program under sub. (5g) or perform 100 hours of other community service work.

(b) The court shall may not impose the requirement under par. (a) if the court determines that the person juvenile would pose a threat to public safety while completing the requirement.

(13t) Graffiti violation. If the juvenile is adjudicated delinquent under for a violation of s. 943.017, the court may require that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under sub. (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 40.

(14d) Hate violations. In addition to any other disposition imposed under this section, if the juvenile is found to have committed a violation under circumstances in which, if committed by an adult, the adult would be subject to a penalty enhancement under s. 939.645, the court may order any one or more of the following dispositions:

(a) That the juvenile make restitution Restitution under sub. (5).

(b) That the juvenile participate Participation in a supervised work program or other community service work under sub. (5g) or (5m).

(c) That the juvenile participate Participation in a victim-offender mediation program under sub. (5r) or otherwise apologize an other means of apologizing to the victim.

(d) That the juvenile participate Participation in an educational program under sub. (7n) that includes sensitivity training or training in diversity.