Amendment ASA1-AB410

AB410-ASA1,41,25 938.78 (2) (e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under s. 938.31 938.183 or 938.34 for a sexually violent offense, as defined in s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under ch. 980 or to an attorney who represents a person subject to a petition under ch. 980. The court in which the petition under s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.

AB410-ASA1, s. 92 Section 92. 970.032 (title) of the statutes is amended to read:

AB410-ASA1,42,3 970.032 (title) Preliminary examination; child juvenile under original adult court jurisdiction.

AB410-ASA1, s. 93 Section 93. 970.032 (1) of the statutes is amended to read:

AB410-ASA1,42,12 970.032 (1) Notwithstanding s. 970.03, if a preliminary examination is held regarding a child juvenile who is subject to the original jurisdiction of the court of criminal jurisdiction under s. 938.183 (1) or (2), the court shall first determine whether there is probable cause to believe that the child juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c) or (2), whichever is applicable. If the court does not make that finding, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.

AB410-ASA1, s. 94 Section 94. 970.032 (2) (intro.) of the statutes is amended to read:

AB410-ASA1,42,20 970.032 (2) (intro.) If the court finds probable cause as specified in sub. (1) to believe that the juvenile has committed the violation of which he or she is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c), the court shall determine whether to retain jurisdiction or to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The court shall retain jurisdiction unless the child juvenile proves by a preponderance of the evidence all of the following:

AB410-ASA1, s. 95 Section 95. 970.032 (2) (a) of the statutes is amended to read:

AB410-ASA1,42,23 970.032 (2) (a) That, if convicted, the child juvenile could not receive adequate treatment in the criminal justice system.

AB410-ASA1, s. 96 Section 96. 970.032 (2) (c) of the statutes is amended to read:

AB410-ASA1,43,4 970.032 (2) (c) That retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child juvenile is accused under the circumstances specified in s. 938.183 (1) (a), (am), (ar), (b) or (c), whichever is applicable.

AB410-ASA1, s. 97 Section 97. 970.035 of the statutes is amended to read:

AB410-ASA1,43,17 970.035 (title) Preliminary examination; child juvenile younger than 16 15 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child juvenile who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the child juvenile over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child juvenile be discharged but proceedings may be brought regarding the child juvenile under ch. 938.

AB410-ASA1, s. 98 Section 98. 971.31 (13) (a) (intro.) of the statutes is amended to read:

AB410-ASA1,43,24 971.31 (13) (a) (intro.) A child juvenile over whom the court has jurisdiction under s. 938.183 (1) (b) or (c) on a misdemeanor action may make a motion before trial to transfer jurisdiction to the court assigned to exercise jurisdiction under chs. 48 and 938. The motion may allege that the child juvenile did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer of jurisdiction would be appropriate because of all of the following:

AB410-ASA1, s. 99 Section 99. 971.31 (13) (a) 1. of the statutes is amended to read:

AB410-ASA1,44,2 971.31 (13) (a) 1. If convicted, the child juvenile could not receive adequate treatment in the criminal justice system.

AB410-ASA1, s. 100 Section 100. 971.31 (13) (a) 3. of the statutes is amended to read:

AB410-ASA1,44,7 971.31 (13) (a) 3. Retaining jurisdiction is not necessary to deter the child juvenile or other children juveniles from committing the violation of which the child juvenile is accused under the circumstances specified in s. 938.183 (1) (b) or (c), whichever is applicable.

AB410-ASA1, s. 101 Section 101. 971.31 (13) (b) of the statutes is amended to read:

AB410-ASA1,44,13 971.31 (13) (b) The court shall retain jurisdiction unless the child juvenile proves by a preponderance of the evidence that he or she did not commit the violation under the circumstances described in s. 938.183 (1) (b) or (c), whichever is applicable, or that transfer would be appropriate because all of the factors specified in par. (a) 1., 2. and 3. are met.

AB410-ASA1, s. 102 Section 102. 972.14 (2) of the statutes is amended to read:

AB410-ASA1,44,23 972.14 (2) Before pronouncing sentence, the court shall ask the defendant why sentence should not be pronounced upon him or her and allow the district attorney, defense counsel and defendant an opportunity to make a statement with respect to any matter relevant to the sentence. In addition, if the defendant is under 21 years of age and if the court has not ordered a presentence investigation under s. 972.15, the court shall ask the defendant if he or she has been adjudged delinquent under ch. 48, 1993 stats., or ch. 938 or has had a similar adjudication in any other state in the 3 years immediately preceding the date the criminal complaint relating to the present offense was issued.

AB410-ASA1, s. 103 Section 103. 972.15 (2s) of the statutes is amended to read:

AB410-ASA1,45,6 972.15 (2s) If the defendant is under 21 years of age, the person preparing the presentence investigation report shall attempt to determine whether the defendant has been adjudged delinquent under ch. 48, 1993 stats., or ch.938 or has had a similar adjudication in any other state in the 3 years immediately preceding the date the criminal complaint relating to the present offense was issued and, if so, shall include that information in the report.

AB410-ASA1, s. 104 Section 104. 980.015 (2) (b) of the statutes is amended to read:

AB410-ASA1,45,11 980.015 (2) (b) The anticipated release from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), of a person adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense.

AB410-ASA1, s. 105 Section 105. 980.02 (2) (ag) of the statutes is amended to read:

AB410-ASA1,45,19 980.02 (2) (ag) The person is within 90 days of discharge or release, on parole or otherwise, from a sentence that was imposed for a conviction for a sexually violent offense, from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), if the person was placed in the facility for being adjudicated delinquent under s. 938.183 or 938.34 on the basis of a sexually violent offense or from a commitment order that was entered as a result of a sexually violent offense.

AB410-ASA1, s. 106 Section 106. Nonstatutory provisions.

AB410-ASA1,46,11 (1) Audit of secure detention of juveniles. The legislative audit bureau is requested to perform a performance evaluation audit of the use by counties of placement of a juvenile, as defined in section 938.02 (10m) of the statutes, in a secure detention facility, as defined in section 938.02 (16) of the statutes, as a disposition under section 938.34 (3) (f) of the statutes, as a sanction under section 938.355 (6) (d) 1. of the statutes or as a place of short-term detention under section 938.355 (6d) or 938.534 (1) of the statutes. The audit shall examine the primary reasons why a juvenile is placed in a secure detention facility as a disposition, as a sanction or as a place of short-term detention and the length of time that a juvenile is held in a secure detention facility as a disposition, as a sanction or as a place of short-term detention; and shall evaluate whether the length of time that a juvenile is held in a secure detention facility is related to any reduction in repeat offenses or repeat violations of dispositional orders, distributed according to the length of time that a juvenile is held in a secure detention facility. If the legislative audit bureau performs the audit, it shall submit its report as described in section 13.94 (1) (b) of the statutes by December 31, 1998.

AB410-ASA1, s. 107 Section 107. Initial applicability.

AB410-ASA1,46,19 (1) Original adult court jurisdiction. The treatment of sections 48.66 (1), 301.08 (1) (b) 3., 938.183 (1) (ar) and (2) (intro.), (a) and (b), 938.78 (2) (e), 970.032 (title), (1) and (2) (intro.), (a) and (c), 970.035, 971.31 (13) (a) (intro.), 1. and 3. and (b), 980.015 (2) (b) and 980.02 (2) (ag) of the statutes, the renumbering of section 938.183 (1m) (c) of the statutes and the creation of section 938.183 (1m) (c) 1. and 2. of the statutes first apply to acts committed by a juvenile on the effective date of this subsection.

AB410-ASA1,46,23 (2) Restitution and forfeitures. The treatment of sections 895.035 (2m) (a) and (b), (3) and (6), 938.245 (2) (a) 5. a. and am., 938.32 (1t) (a) 1. and 1m., 938.34 (5) (a) and (8), 938.343 (2) and (4) and 938.45 (1r) and (2) of the statutes first applies to acts committed by a juvenile on the effective date of this subsection.

AB410-ASA1,47,2 (3) Sanctions and contempt. The treatment of sections 118.163 (2) (b) and (c), 938.342 (1) (b) and (c) and 938.355 (6) (d) 2. and (e), (6g) (c) and (6m) (a) and (b) of the statutes first applies to dispositional orders entered on the effective date of this subsection.

AB410-ASA1,47,5 (4) Rules of evidence. The treatment of sections 800.08 (4), 938.17 (2) (h) 3. and 938.299 (4) (b) of the statutes first applies to postdispositional hearings held on the effective date of this subsection.

AB410-ASA1,47,11 (5) Short-term detention. The treatment of sections 938.067 (8m), 938.069 (1) (dm) and 938.08 (2) of the statutes, the renumbering and amendment of section 938.355 (6d) of the statutes and the repeal and recreation of section 938.355 (6d) (title) of the statutes first apply to a juvenile who is taken into custody under section 938.355 (6d) of the statutes, as affected by this act, on the effective date of this subsection.

AB410-ASA1, s. 108 Section 108. Effective date.

AB410-ASA1,47,14 (1) This act takes effect on January 1, 1998, or on the day after publication, whichever is later.

AB410-ASA1,47,15 (End)