2005 Wisconsin Act 344

344,558 Section 558. 938.396 (2m) (b) of the statutes is renumbered 938.396 (2g) (L) and amended to read:

938.396 (2g) (L) Repeat offenders. Notwithstanding sub. (2), upon request, a Upon request of any person, the court shall open for inspection by the requester the records of the court, other than reports under s. 938.295 or 938.33 or other records that deal with sensitive personal information of the juvenile and the juvenile's family, relating to a juvenile who has been alleged to be delinquent for committing a violation that would be a felony if committed by an adult if the juvenile has been adjudicated delinquent at any time preceding the present proceeding and that previous adjudication remains of record and unreversed. The requester may further disclose the information to anyone.

344,559 Section 559. 938.396 (3) (title) of the statutes is created to read:

938.396 (3) (title) Motor vehicle violation records.

344,560 Section 560. 938.396 (4) (title) of the statutes is created to read:

938.396 (4) (title) Operating privilege records.

344,561 Section 561. 938.396 (5) (a) (intro.) of the statutes is renumbered 938.396 (1j) (a) (intro.) and amended to read:

938.396 (1j) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b), (1d), (1g), (1m), (1r) or (1t) may petition the court to order the disclosure of the records governed by the applicable subsection record. The petition shall be in writing and shall describe as specifically as possible all of the following:

344,562 Section 562. 938.396 (5) (a) 1. to 5. of the statutes are renumbered 938.396 (1j) (a) 1. to 5.

344,563 Section 563. 938.396 (5) (b) of the statutes is renumbered 938.396 (1j) (b) and amended to read:

938.396 (1j) (b) If the petitioner is seeking access to a record under sub. (1), (1b), (1d), (1g), (1m) (c) or (d), (1r), or (1t) Subject to par. (bm), the court , on receipt of a petition, shall notify the juvenile, the juvenile's counsel, the juvenile's parents, and appropriate law enforcement agencies in writing of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence relating to the petitioner's need for the disclosure.

344,564 Section 564. 938.396 (5) (bm) of the statutes is renumbered 938.396 (1j) (bm) and amended to read:

938.396 (1j) (bm) If the petitioner is seeking access to a record under sub. (1m) (a), (am), (ar), or (b) (1) (c) 3., the court shall, without notice or hearing, make the inspection and determinations specified in par. (c) and, if the court determines that disclosure is warranted, shall order disclosure under par. (d). The petitioner shall provide a copy of the disclosure order to the law enforcement agency that denied access to the record, the juvenile, the juvenile's counsel, and the juvenile's parents. Any of those persons may obtain a hearing on the court's determinations by filing a motion to set aside the disclosure order within 10 days after receipt of the order. If no motion is filed within those 10 days or if, after hearing, the court determines that no good cause has been shown for setting aside the order, the law enforcement agency shall disclose the juvenile's record as ordered.

344,565 Section 565. 938.396 (5) (c) (intro.), 1 and 2. of the statutes are renumbered 938.396 (1j) (c) (intro.), 1. and 2.

344,566 Section 566. 938.396 (5) (c) 3. of the statutes is renumbered 938.396 (1j) (c) 3. and amended to read:

938.396 (1j) (c) 3. If the petitioner is a person who was denied access to a record under sub. (1m) (a), (am), (ar), or (b) (1) (c) 3., the petitioner's legitimate educational interests, including safety interests, in the information against society's interest in protecting its confidentiality.

344,567 Section 567. 938.396 (5) (d) and (e) of the statutes are renumbered 938.396 (1j) (d) and (e).

344,568 Section 568. 938.396 (6) of the statutes is repealed.

Note: Repeals s. 938.396 (6), stats., and places the substance of that provision into s. 938.396 (1g) and (2g) (f), stats.,as created by this bill, which governs the disclosure of juvenile records to the victim-witness coordinator and that coordinator's subsequent use of those records.

344,569 Section 569. 938.396 (7) (a) of the statutes is renumbered 938.396 (2g) (m) 1. and amended to read:

938.396 (2g) (m) 1. Notwithstanding sub. (2) (a), if If a petition under s. 938.12 or 938.13 (12) is filed alleging that a juvenile has committed a delinquent act that would be a felony if committed by an adult, the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the petition has been filed and the nature of the delinquent act alleged in the petition. Notwithstanding sub. (2) (a), if If later the proceeding on the petition is closed, dismissed, or otherwise terminated without a finding that the juvenile has committed a delinquent act, the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the school board's designee of the school board or governing body that the proceeding has been terminated without a finding that the juvenile has committed a delinquent act.

344,570 Section 570. 938.396 (7) (am) of the statutes is renumbered 938.396 (2g) (m) 2. and amended to read:

938.396 (2g) (m) 2. Notwithstanding sub. (2) (a) and subject to par. (b) Subject to subd. 4., if a juvenile is adjudged delinquent, within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent, the nature of the violation committed by the juvenile, and the disposition imposed on the juvenile under s. 938.34 as a result of the violation.

344,571 Section 571. 938.396 (7) (ar) of the statutes is renumbered 938.396 (2g) (m) 3. and amended to read:

938.396 (2g) (m) 3. Notwithstanding sub. (2) (a), if If school attendance is a condition of a dispositional order under s. 938.342 (1d) or (1g) or 938.355 (2) (b) 7., within 5 days after the date on which the dispositional order is entered, the clerk of the court assigned to exercise jurisdiction under this chapter and ch. 48 or the clerk of the municipal court exercising jurisdiction under s. 938.17 (2) shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile's school attendance is a condition of a dispositional order.

344,572 Section 572. 938.396 (7) (b) of the statutes is renumbered 938.396 (2g) (m) 4. and amended to read:

938.396 (2g) (m) 4. If a juvenile is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the juvenile has been adjudicated delinquent on that basis, the nature of the violation committed by the juvenile, and the disposition imposed on the juvenile under s. 938.34 as a result of that violation.

344,573 Section 573. 938.396 (7) (bm) of the statutes is renumbered 938.396 (2g) (m) 5. and amended to read:

938.396 (2g) (m) 5. Notwithstanding sub. (2) (a), in In addition to the disclosure made under par. (am) or (b) subd. 2. or 4., if a juvenile is adjudicated delinquent and as a result of the dispositional order is enrolled in a different school district or private school from the school district or private school in which the juvenile is enrolled at the time of the dispositional order, the court clerk, within 5 days after the date on which the dispositional order is entered, shall provide the school board of the juvenile's new school district, the governing body of the juvenile's new private school, or the designee of the school board or governing body with the information specified in par. (am) or (b) subd. 2. or 4., whichever is applicable, and, in addition, shall notify that school board, governing body, or designee of whether the juvenile has been adjudicated delinquent previously by that court, the nature of any previous violations committed by the juvenile, and the dispositions imposed on the juvenile under s. 938.34 as a result of those previous violations.

344,574 Section 574. 938.396 (7) (c) of the statutes is renumbered 938.396 (2g) (m) 6. and amended to read:

938.396 (2g) (m) 6. No Except as required under subds. 1. to 5. or by order of the court, no information from the juvenile's court records, other than information disclosed under par. (a), (am), (ar), (b), or (bm), may be disclosed to the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body except by order of the court. Any information from a juvenile's court records provided under this subsection to the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body shall be disclosed by the school board, governing body, or designee to employees of the school district or private school who work directly with the juvenile or who have been determined by the school board, governing body, or designee to have legitimate educational interests, including safety interests, in the information. A school district or private school employee to whom that information is disclosed under this paragraph may not further disclose the information. A school board may not use any information provided under this subsection from a juvenile's court records as the sole basis for expelling or suspending a juvenile or as the sole basis for taking any other disciplinary action, including action under the school district's athletic code, against the juvenile. A member of a school board or of the governing body of a private school or an employee of a school district or private school may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph subdivision unless the member or employee acted with actual malice in failing to disclose the information. A school district or private school may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph subdivision unless the school district, private school, or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

344,575 Section 575. 938.396 (8) of the statutes is renumbered 938.396 (2g) (n) and amended to read:

938.396 (2g) (n) Firearms restriction record search. Notwithstanding sub. (2), if If a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under s. 175.35 (2g) (c).

344,576 Section 576. 938.396 (9) of the statutes is renumbered 938.396 (2g) (o) and amended to read:

938.396 (2g) (o) Criminal history record search. Notwithstanding sub. (2) (a), if If a juvenile is adjudged delinquent for committing a serious crime, as defined in s. 48.685 (1) (c), the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history record search under s. 48.685 (2) (am) 1. or (b) 1. a.

344,577 Section 577. 938.44 of the statutes is amended to read:

938.44 Jurisdiction over persons 17 or older. The court has jurisdiction over persons 17 years of age or over older as provided under ss. 938.355 (4) and 938.45 and as otherwise specifically provided specified in this chapter.

344,578 Section 578. 938.45 (1) of the statutes is amended to read:

938.45 (1) Orders when adult contributed to condition of juvenile. (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 years of age or over older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the juvenile, the court may make orders with respect to the conduct of such that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and where funds for the maintenance or care shall be paid.

(b) An act or failure to act contributes to a condition of a juvenile as described in s. 938.12 or 938.13, although even if the juvenile is not actually adjudicated found to come within the provisions of s. 938.12 or 938.13, if the natural and probable consequences of that act or failure to act would be to cause the juvenile to come within the provisions of s. 938.12 or 938.13.

344,579 Section 579. 938.45 (1m) (title) of the statutes is created to read:

938.45 (1m) (title) Orders imposing conditions on juvenile's parent, guardian, or legal custodian.

344,580 Section 580. 938.45 (1m) (a), (1r), (2) and (3) of the statutes are amended to read:

938.45 (1m) (a) In a proceeding in which a juvenile has been adjudicated delinquent or has been found to be in need of protection or services under s. 938.13, the court may order the juvenile's parent, guardian, or legal custodian to comply with any conditions determined by the court to be necessary for the juvenile's welfare. An order under this paragraph may include an order to participate participation in mental health treatment, anger management, individual or family counseling or parent training and education, and to make a requirement for a reasonable contribution, based on ability to pay, toward the cost of those services.

(1r) Order for parent to pay restitution or forfeiture. (a) In a proceeding in which a juvenile has been is found to have committed a delinquent act or a civil law or ordinance violation that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the court may order a parent who has custody, as defined in s. 895.035 (1), of the juvenile 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 paragraph 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 The order under this paragraph 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 expiration of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as restitution for the same act under s. 938.34 (5) or 938.343 (4).

(b) In a proceeding in which the court has determined under s. 938.34 (8) or 938.343 (2) that the imposition of a forfeiture would be in the best interest of the juvenile and in aid of rehabilitation, the court may order a parent who has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The amount of any forfeiture ordered under this paragraph may not exceed $5,000. Any The order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and shall allow up to 12 months after the date of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.34 (8) or 938.343 (2).

(2) Right to hearing on orders. No order under sub. (1) (a), (1m) (a), or (1r) (a) or (b) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place, and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any A person who fails to comply with any an order issued by a court under sub. (1) (a), (1m) (a), or (1r) (a) or (b) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.

(3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40, the court shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney, as in other criminal cases.

344,581 Section 581. 938.48 (1) of the statutes is amended to read:

938.48 (1) Enforcement of laws. Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of such those juveniles where when adequate provision therefor for those matters is not made. This duty shall be discharged in cooperation with the courts, county departments and, licensed child welfare agencies and with, parents, and other individuals interested in the welfare of juveniles.

344,582 Section 582. 938.48 (2) of the statutes is amended to read:

938.48 (2) Juvenile welfare services. Assist in extending and strengthening juvenile welfare services with appropriate federal agencies and in conformity with the federal social security act Social Security Act and in cooperation with parents, other individuals, and other agencies so that all juveniles needing such services are reached.

344,583 Section 583. 938.48 (3) and (4) of the statutes are amended to read:

938.48 (3) Supervision and special treatment or care. Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4), and provide special treatment or care to juveniles when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

(4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) , or 938.357 (4);, including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes under s. 48.63, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions facilities or secured child caring institutions residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

344,584 Section 584. 938.48 (4m) (title) of the statutes is created to read:

938.48 (4m) (title) Continuing care and services for juveniles over 17.

344,585 Section 585. 938.48 (4m) (d), (5) and (6) of the statutes are amended to read:

938.48 (4m) (d) Is determined by the department to be in need of care and services designed to fit such the person for gainful employment and has requested and consented to receive such aid the care and services.

(5) Moral and religious training. Provide for the moral and religious training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n) , or 938.357 (4) according to the religious belief beliefs of the juvenile or of the juvenile's parents.

(6) Emergency surgery. Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) upon notification by a licensed physician or surgeon of the need for such the surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.

344,586 Section 586. 938.48 (13) (title) of the statutes is created to read:

938.48 (13) (title) Allowances and cash grants.

344,587 Section 587. 938.48 (14) and (16) of the statutes are amended to read:

938.48 (14) School-related expenses for juveniles over 17. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they reached attained 17 years of age, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to fit prepare them for gainful employment, and who when reaching upon attaining that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4) as a result of a judicial decision.

(16) Standards for services. Establish and enforce standards for services provided under s. 938.183, 938.34, or 938.345.

344,588 Section 588. 938.49 (1) of the statutes is amended to read:

938.49 (1) Notice to department of placement. When the a court places a juvenile in a secured juvenile correctional facility or secured child caring institution residential care center for children and youth under the supervision of the department, the court shall immediately notify the department of that action. The court shall, in accordance with procedures established by the department, provide transportation for the juvenile to a receiving center designated by the department or deliver the juvenile to department personnel of the department.

344,589 Section 589. 938.49 (2) of the statutes is renumbered 938.49 (2) (intro.) and amended to read:

938.49 (2) Transfer of court report and pupil records. (intro.) When the a court places a 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, the court and all other public agencies shall also immediately transfer do all of the following:

(a) Transfer to the department a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession and shall immediately notify.

(b) Notify the juvenile's last school district in writing of its obligation under s. 118.125 (4).

344,590 Section 590. 938.50 (1) and (2) of the statutes are consolidated, renumbered 938.50 and amended to read:

938.50 Examination of juveniles under supervision of department. The department shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. This The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary appropriate for the juvenile, and the an evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. A The department shall screen a juvenile who is examined under this subsection shall be screened section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. (2) In making this the examination the department may use any facilities, public or private, that offer aid to it assistance in the determination of determining the correct placement for the juvenile.

344,591 Section 591. 938.505 (1) (title) of the statutes is created to read:

938.505 (1) (title) Rights and duties of department or county department.

344,592 Section 592. 938.505 (2) of the statutes is amended to read:

938.505 (2) Psychotropic medication. (a) If a juvenile 14 years of age or over who older is under the supervision of the department or a county department as described in sub. (1) and who, is not residing in his or her home, and wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that all of the following apply, the court shall grant permission for the department or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:

1. That the The parent's or guardian's consent is unreasonably withheld or that, the parent or guardian cannot be found, or that there is no parent with legal custody, except that the court may not determine that a parent's or guardian's consent is unreasonably withheld solely because the parent or guardian relies on treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.

2. That the The juvenile is 14 years of age or over and older, is competent to consent to the administration of psychotropic medication, and that the juvenile voluntarily consents to the administration of psychotropic medication.

3. Based The juvenile, based on the recommendation of a physician, that the juvenile is in need of psychotropic medication, that and psychotropic medication is appropriate for the juvenile's needs and that psychotropic medication is the least restrictive treatment consistent with the juvenile's those needs.

(b) The court may, at the request of the department or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition, which. The hearing shall be held within those 10 days that 10-day period.

344,593 Section 593. 938.51 (1) (intro.) of the statutes is amended to read:

938.51 (1) Release from secured facility or supervision. (intro.) At least 15 days prior to the date of release from a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department or a county department of a juvenile who has been adjudicated delinquent, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:

344,594 Section 594. 938.51 (1d) (title) and (1g) (title) of the statutes are created to read:

938.51 (1d) (title) Release from nonsecured residential care center.

(1g) (title) Release from inpatient facility.

344,595 Section 595. 938.51 (1m) of the statutes is amended to read:

938.51 (1m) Notification of local agencies. The department or county department having supervision over a juvenile described in sub. (1) shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.