Amendment SSA1-AB686

AB686-SSA1,18,2 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g) or (2v). may be terminated upon the request of the juvenile, parent, guardian or legal custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated by the court upon the request of the juvenile, parent, guardian or legal custodian.

AB686-SSA1, s. 53 Section 53. 938.275 (1) (c) of the statutes is amended to read:

AB686-SSA1,18,10 938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s. 938.355 (6) (d) or (6m) (a) or (ag) or finds the juvenile in contempt under s. 938.355 (6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure detention facility or place of nonsecure custody under s. 938.355 (6d) or 938.534 (1), the court shall order the parents of the juvenile to contribute toward the cost of the sanction, disposition or placement the proportion of the total amount which the court finds the parents are able to pay.

AB686-SSA1, s. 54 Section 54. 938.32 (1) (a) of the statutes is amended to read:

AB686-SSA1,18,23 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement or in a youth village program as described in s. 118.42. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

AB686-SSA1, s. 55 Section 55. 938.32 (1v) of the statutes is created to read:

AB686-SSA1,19,4 938.32 (1v) If the petition alleges that the juvenile is in need of protection or services under s. 938.13 (6), the judge or juvenile court commissioner may establish as a condition under sub. (1) that the juvenile's parent, guardian or legal custodian attend school with the juvenile.

AB686-SSA1, s. 56 Section 56. 938.342 (1) of the statutes is renumbered 938.342 (1g), and 938.342 (1g) (a) and (b), as renumbered, are amended to read:

AB686-SSA1,19,11 938.342 (1g) (a) Suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 90 days one year. The court shall immediately take possession of the suspended license and forward it to the department of transportation together with a notice stating the reason for and duration of the suspension.

AB686-SSA1,19,20 (b) Order the person to participate in counseling or a supervised work program or other community service work under as described in s. 938.34 (5g). The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person.

AB686-SSA1, s. 57 Section 57. 938.342 (1d) of the statutes is created to read:

AB686-SSA1,19,25 938.342 (1d) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (1m), the court shall enter an order making one or more of the following dispositions if such a disposition is authorized by the municipal ordinance:

AB686-SSA1,20,1 (a) Order the person to attend school.

AB686-SSA1,20,7 (b) Impose a forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any 2nd or subsequent violation committed within 12 months of a previous violation, subject to s. 938.37 and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.

AB686-SSA1, s. 58 Section 58. 938.342 (1g) (g) to (j) of the statutes are created to read:

AB686-SSA1,20,9 938.342 (1g) (g) Order the person to attend school.

AB686-SSA1,20,12 (h) Impose a forfeiture of not more than $500 plus costs, subject to s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.

AB686-SSA1,20,16 (i) Order the person to comply with any other reasonable conditions that are consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other juveniles or adults.

AB686-SSA1,20,18 (j) Place the person under formal or informal supervision, as described in s. 938.34 (2), for up to one year.

AB686-SSA1, s. 59 Section 59. 938.342 (1m) (a) of the statutes is amended to read:

AB686-SSA1,20,25 938.342 (1m) (a) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the dispositions under sub. (1) (1g), order the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both, if such a disposition is authorized by the municipal ordinance.

AB686-SSA1, s. 60 Section 60. 938.342 (1m) (am) of the statutes is created to read:

AB686-SSA1,21,9 938.342 (1m) (am) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (1m), the court may, as part of the disposition under sub. (1d), order the person's parent or guardian to pay all or part of a forfeiture plus costs assessed under sub. (1d) (b). If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (2), the court may, as part of the dispositions under sub. (1g), order the person's parent or guardian to pay all or part of the costs of any program ordered under sub. (1g) (b) or to pay all or part of a forfeiture plus costs assessed under sub. (1g) (h).

AB686-SSA1, s. 61 Section 61. 938.342 (1m) (b) of the statutes is amended to read:

AB686-SSA1,21,20 938.342 (1m) (b) No order to any parent, guardian or legal custodian under par. (a) or (am) may be entered until the parent, guardian or legal custodian is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place and purpose of the hearing to be served on the parent, guardian or legal custodian personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the court. At the hearing, the parent, guardian or legal custodian may be represented by counsel and may produce and cross-examine witnesses. Any parent, guardian or legal custodian who fails to comply with any order issued by a court under par. (a) or (am) may be proceeded against for contempt of court.

AB686-SSA1, s. 62 Section 62. 938.342 (2) (a) of the statutes is amended to read:

AB686-SSA1,21,25 938.342 (2) (a) Except as provided in par. (b), if the court finds that a person is subject to a municipal ordinance enacted under s. 118.163 (2m) (a), the court shall enter an order suspending the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of 18.

AB686-SSA1, s. 63 Section 63. 938.342 (2) (b) of the statutes is amended to read:

AB686-SSA1,22,5 938.342 (2) (b) The court may enter an order making any of the dispositions specified under sub. (1) (1g) if the court finds that suspension of the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of 18 would cause an undue hardship to the person or the juvenile's person's family.

AB686-SSA1, s. 64 Section 64. 938.345 (2) of the statutes is amended to read:

AB686-SSA1,22,13 938.345 (2) If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b), or based on habitual truancy, and the court also finds that the reason the juvenile has dropped out of school or is a habitual truant is a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with s. 118.15 (1) (a) or (am), the court, instead of or in addition to any other disposition imposed under sub. (1), may enter an order permitted under s. 938.342.

AB686-SSA1, s. 65 Section 65. 938.355 (6) (a) of the statutes is amended to read:

AB686-SSA1,23,11 938.355 (6) (a) If a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. Subject to sub. (6m), if If a juvenile who has been found to be in need of protection or services under s. 938.13 (4), (6m), (7), (12) or (14) violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d), other than placement in a secure detention facility or juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may not order the sanction of placement in a place of nonsecure custody specified in par. (d) 1. unless the court finds that the agency primarily responsible for providing services for the juvenile has made reasonable efforts to prevent the removal of the juvenile from his or her home and that continued placement of the juvenile in his or her home is contrary to the welfare of the juvenile.

AB686-SSA1, s. 66 Section 66. 938.355 (6) (an) 1. of the statutes is amended to read:

AB686-SSA1,23,25 938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (d) 1. or the sanction specified in par. (d) 3., with monitoring by an electronic monitoring system, if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB686-SSA1, s. 67 Section 67. 938.355 (6m) (title) of the statutes is amended to read:

AB686-SSA1,24,3 938.355 (6m) (title) Sanctions for violation of order: truancy or habitual truancy.

AB686-SSA1, s. 68 Section 68. 938.355 (6m) (a) of the statutes is renumbered 938.355 (6m) (a) (intro.) and amended to read:

AB686-SSA1,24,20 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (2) or who has been found to be in need of protection or services based on habitual truancy from school under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in this paragraph sanction specified in subds. 1. and 2. and the dispositions specified in s. 938.342 (1) (1g) (b) to (f) (j) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction suspension under this paragraph any of the following:

AB686-SSA1,25,6 2. Suspension of the juvenile's operating privilege, as defined under s. 340.01 (40), for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this paragraph subdivision, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this paragraph subdivision, whichever occurs first. If the court suspends an operating privilege under this paragraph subdivision, the court shall immediately take possession of the suspended license and forward it to the department of transportation with a notice stating the reason for and the duration of the suspension.

AB686-SSA1, s. 69 Section 69. 938.355 (6m) (a) 1. of the statutes is created to read:

AB686-SSA1,25,18 938.355 (6m) (a) 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction.

AB686-SSA1, s. 70 Section 70. 938.355 (6m) (ag) of the statutes is created to read:

AB686-SSA1,26,6 938.355 (6m) (ag) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (j) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

AB686-SSA1, s. 71 Section 71. 938.355 (6m) (am) of the statutes is created to read:

AB686-SSA1,26,18 938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (a) 1. if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of that possible sanction for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible sanction and that he or she understands those conditions and that possible sanction. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB686-SSA1,26,22 2. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in par. (a) 1. on a petition described in subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under par. (a) 1.

AB686-SSA1, s. 72 Section 72. 938.355 (6m) (b) of the statutes is amended to read:

AB686-SSA1,27,6 938.355 (6m) (b) A motion for the imposition of a sanction under par. (a) or (ag) may be brought by the person or agency primarily responsible for providing dispositional services to the juvenile, the administrator of the school district in which the juvenile is enrolled or resides, the district attorney, the corporation counsel or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing.

AB686-SSA1, s. 73 Section 73. 938.355 (6m) (c) of the statutes is amended to read:

AB686-SSA1,27,11 938.355 (6m) (c) Before imposing a sanction under par. (a) or (ag), the court shall hold a hearing at which the juvenile is entitled to be represented by legal counsel and to present evidence. The hearing shall be held within 15 days after the filing of a motion under par. (b).

AB686-SSA1, s. 74 Section 74. Nonstatutory provisions.

AB686-SSA1,27,14 (1) Audit of effectiveness of secure detention in deterring habitual truancy.

AB686-SSA1,27,17 (a) The joint legislative audit committee is requested to direct the legislative audit bureau to perform a performance evaluation audit to evaluate all of the following:

AB686-SSA1,27,19 1. The accuracy and uniformity of truancy statistics that are reported to the department of public instruction by school boards.

AB686-SSA1,28,2 2. The effectiveness of using placement of a juvenile in a secure detention facility or juvenile portion of a county jail under section 938.355 (6m) (a) 1. of the statutes, as created by this act, as a sanction for a violation of a condition of a dispositional order based on habitual truancy from school in deterring truancy. The audit shall compare the effectiveness of that sanction with the effectiveness of other sanctions and dispositions, including attendance at an educational program described in section 938.34 (7d) of the statutes, in deterring truancy.

AB686-SSA1,28,5 (b) If the legislative audit bureau performs the audit under paragraph (a ), the legislative audit bureau shall file its report as described in section 13.94 (1) (b) of the statutes by September 1, 1999.

AB686-SSA1, s. 75 Section 75. Initial applicability.

AB686-SSA1,28,10 (1) The treatment of section 118.15 (5) (a) of the statutes first applies to violations under section 118.15 of the statutes occurring on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person.

AB686-SSA1,28,13 (2) The treatment of sections 118.15 (1) (am) and (3) (c), 118.16 (2) (cg) 1. and 4. and 938.345 (2) of the statutes first applies to pupils enrolled in school in the 1998-99 school year.

AB686-SSA1,28,18 (3) The treatment of sections 938.06 (5), 938.17 (2) (h) 1. and (i) and 938.355 (6) (a) and (an) 1. and (6m) (title), (ag), (am), (b) and (c) of the statutes, the renumbering and amendment of section 938.355 (6m) (a) of the statutes and the creation of section 938.355 (6m) (a) 1. of the statutes first apply to dispositional orders entered on the effective date of this subsection.

AB686-SSA1,29,2 (4) The treatment of sections 118.15 (5) (am), 118.163 (2) (k), 938.17 (2) (g), 938.245 (2v) and (5), 938.32 (1) (a) and (1v) and 938.342 (1m) (a) of the statutes first applies to the parent, guardian or legal custodian of a person who becomes a habitual truant, as defined in section 118.16 (1) (a) of the statutes, on the effective date of this subsection and to a parent or guardian having control of a child who does not cause the child to attend school regularly in violation of section 118.15 (1) (a) of the statutes on the effective date of this subsection.

AB686-SSA1,29,3 (End)