AB130: Bill Text

LRB-1177/2

GMM&RPN:kmg:bj

1995 - 1996 LEGISLATURE

1995 Assembly BILL 130

February 14, 1995 - Introduced by Representatives Ladwig, Krug, Gunderson, Prosser, Dobyns, Goetsch, Huebsch, Seratti, Nass, Grothman, Walker, Green, Handrick, Zukowski, Kreibich, Owens, Gard, Underheim, Lehman, Musser, Duff, Hahn, Silbaugh, Brancel, F. Lasee, Ainsworth, Vrakas, Ourada, Foti, Coleman, Powers, Klusman, Ott, Johnsrud, Brandemuehl, Kaufert, Freese, Porter, Urban, Olsen, Jensen, Otte, Schneiders, Harsdorf, Ward, Lazich, Skindrud, Kelso, Hutchison, Hoven, Lorge, Murat, Ziegelbauer, Ryba, Plache, Baumgart, Krusick, Robson, Vander Loop, Linton, Meyer, Reynolds, La Fave, Boyle, Kreuser, Grobschmidt, Carpenter and Notestein, cosponsored by Senators Panzer, C. Potter, Huelsman, Petak, Drzewiecki, Rude, Weeden, Farrow, Rosenzweig, Buettner, Fitzgerald, Schultz, Andrea, Breske and Clausing. Referred to Committee on Children and Families.

AB130,6,2 An Act to repeal 48.01 (1) (c), 48.01 (1) (d), 48.01 (1) (h), 48.02 (3m), 48.02 (9m), 48.02 (15m), 48.065 (2) (g), 48.065 (3) (a), 48.065 (3) (f), 48.069 (1) (dj), 48.08 (3), 48.09 (1), 48.09 (2), 48.09 (3), 48.09 (4), 48.12, 48.125, 48.13 (6), 48.13 (6m), 48.13 (7), 48.13 (12), 48.13 (14), 48.17, 48.18, 48.183, 48.185 (3), 48.19 (1) (d) 3., 48.19 (1) (d) 6., 48.19 (1) (d) 8., 48.19 (1) (d) 9., 48.19 (1) (d) 10., 48.19 (1m), 48.20 (2) (cm), 48.20 (2) (e), 48.20 (2) (f), 48.20 (2) (g), 48.20 (7) (c) 1m., 48.208 (1), 48.208 (2), 48.208 (5), 48.209 (3), 48.21 (2), 48.21 (4m), 48.22, 48.225, 48.23 (1) (am), 48.23 (2m), 48.237, 48.24 (2m) (a) 1., 48.24 (2m) (a) 3., 48.24 (7), 48.243 (1m), 48.245 (2) (a) 5., 48.245 (2) (a) 6., 48.245 (2) (a) 7., 48.245 (2m), 48.245 (6), 48.25 (2) (b), 48.25 (4), 48.25 (5), 48.255 (1) (d), 48.27 (4m), 48.27 (7), 48.29 (1g), 48.29 (2), 48.295 (1c) (b), 48.295 (1c) (c), 48.295 (2) (a), 48.296, 48.299 (1) (am), 48.30 (4), 48.30 (5), 48.32 (1d), 48.32 (1g), 48.32 (1r), 48.32 (1t), 48.32 (2) (b), 48.32 (4), 48.33 (3), 48.33 (3m), 48.331, 48.335 (3m), 48.34 (intro.), 48.34 (2r), 48.34 (3g), 48.34 (4g), 48.34 (4m), 48.34 (4n), 48.34 (4p), 48.34 (4r), 48.34 (4s), 48.34 (5), 48.34 (7), 48.34 (7m), 48.34 (8), 48.34 (9), 48.34 (14), 48.34 (15), 48.341, 48.342, 48.343, 48.344, 48.345 (1) (a), 48.345 (1) (b), 48.345 (1) (c), 48.345 (1) (d), 48.345 (1) (f), 48.345 (2), 48.346, 48.35 (1) (a), 48.35 (1) (b) 4., 48.35 (1) (c), 48.355 (3m), 48.355 (4) (b), 48.355 (6) and (6g), 48.357 (3) and (4), 48.357 (4g), 48.357 (4m), 48.357 (5), 48.364, 48.365 (7), 48.366, 48.37 (3), 48.38 (3) (a), 48.39, 48.396 (1m), 48.396 (2) (c), 48.396 (2) (d), 48.396 (2) (e), 48.396 (2m), 48.396 (3), 48.396 (4), 48.396 (5), 48.396 (6), 48.396 (7), 48.396 (8), 48.44 (2), 48.48 (13), 48.49, 48.505, 48.51, 48.52 (1) (d), 48.53, 48.532, 48.533, 48.534, 48.536, 48.537, 48.57 (4), 48.595, 48.78 (2) (d), 48.78 (2) (e) and (3), 304.07 and 906.09 (4); to renumber 48.34 (1), 48.34 (2), 48.34 (2m), 48.34 (3), 48.34 (4), 48.34 (6), 48.34 (6m), 48.34 (10), 48.34 (11), 48.34 (12), 48.34 (13), 48.991, 48.996 and 48.997; to renumber and amend 48.25 (2) (a), 48.295 (2) (b), 48.355 (4) (a), 48.44 (1), 48.992, 48.993, 48.994, 48.995, 48.998 and 118.125 (5); to consolidate, renumber and amend 48.295 (1c) (intro.) and (a), 48.345 (1) (intro.) and (e) and ; to amend 16.51 (7), 17.10 (6) (b) 1., 19.35 (1) (am) 2. c., 20.410 (1) (am), 20.410 (1) (c), 20.410 (1) (hx), 20.435 (3) (au), 20.435 (3) (bg), 20.435 (3) (cd), 20.435 (3) (hm), 20.435 (3) (ho), 20.435 (3) (o), 20.435 (7) (b), 38.24 (1s), 46.025, 46.03 (1), 46.03 (4) (b) 1., 46.03 (6) (a), 46.03 (7) (a), 46.03 (7) (e), 46.03 (17) (c), 46.03 (32), 46.041 (1) (a), 46.049, 46.10 (1), 46.10 (2), 46.10 (14) (b), 46.10 (14) (e) 1., 46.206 (1) (b), 46.21 (2) (a), 46.215 (1) (h), 46.22 (1) (c) 1. b., 46.22 (1) (c) 2., 46.22 (1) (c) 5., 46.22 (1) (c) 8. c., 46.22 (1) (c) 8. e., 46.25 (9) (b), 46.26 (1), 46.26 (2) (c), 46.26 (3) (d), 46.26 (3) (f), 46.26 (4) (a), 46.26 (4) (b) 1., 46.26 (4) (c), 46.26 (4) (cm) 1., 46.26 (4) (cm) 2., 46.26 (4) (d) 1., 46.26 (4) (d) 1m., 46.26 (4) (d) 2., 46.26 (4) (d) 3., 46.26 (4) (d) 4., 46.26 (4) (dr), 46.26 (4) (e), 46.26 (4) (eg), 46.26 (4) (g), 46.26 (7) (b) 2., 46.26 (7) (b) 3., 46.26 (7) (h), 46.263 (3), 46.275 (4) (b) 1., 46.28 (1) (am) 1., 46.28 (1) (am) 2., 46.56 (3) (a) 5., 46.56 (8) (a), 46.56 (8) (g), 46.56 (8) (h) 5., 46.56 (8) (j), 46.56 (8) (k), 46.56 (14) (a) (intro.), 48.02 (2m), 48.02 (10), 48.023 (4), 48.03 (2), 48.035, 48.06 (1) (a) 1., 48.06 (1) (a) 3., 48.06 (2) (a), 48.06 (3), 48.065 (2) (gm), 48.065 (3) (b), 48.065 (3) (c), 48.065 (3) (e), 48.07 (4), 48.08 (2), 48.10, 48.13 (4), 48.135 (1), 48.14 (4), 48.15, 48.185 (1), 48.20 (2) (ag), 48.20 (3), 48.20 (7) (a), 48.20 (8), 48.205 (1) (a), 48.205 (1) (c), 48.21 (1) (a), 48.21 (3) (intro.), 48.227 (4) (b), 48.227 (4) (e) 2., 48.23 (1) (a), 48.24 (1), 48.24 (2m) (a) 2., 48.24 (5), 48.243 (1) (intro.), 48.243 (1) (b), 48.243 (1) (c), 48.243 (1) (h), 48.245 (1), 48.245 (2) (b), 48.245 (7), 48.245 (8), 48.25 (1), 48.25 (3), 48.255 (1) (e), 48.255 (3), 48.255 (4), 48.263 (2), 48.27 (1), 48.27 (8), 48.273 (1), 48.273 (3), 48.275 (1), 48.275 (2) (a), 48.29 (1), 48.29 (1m), 48.29 (3), 48.293 (1), 48.293 (2), 48.297 (2), 48.297 (3), 48.297 (5), 48.299 (1) (a), 48.299 (4) (a), 48.299 (4) (b), 48.30 (1), 48.30 (2), 48.30 (3), 48.30 (6), 48.30 (7), 48.30 (8), 48.30 (9), 48.30 (10), 48.31 (1), 48.31 (2), 48.31 (4), 48.32 (1), 48.32 (2) (a), 48.32 (5) (a), 48.32 (5) (b), 48.33 (1) (intro.), 48.33 (4m) (intro.), 48.335 (1), 48.35 (1) (b) 2., 48.355 (1), 48.355 (2) (b) 5., 48.355 (7), 48.357 (2), 48.36 (1) (a), 48.361 (1) (b), 48.361 (1) (c), 48.361 (2) (am) 2., 48.362 (2), 48.37 (1), 48.373 (1), 48.375 (4) (b) 1g., 48.396 (1), 48.396 (2) (a), 48.415 (1) (a) 2., 48.415 (2) (a), subchapter IX (title) of chapter 48 [precedes 48.44], 48.45 (title) and (1), 48.45 (1m) (a), 48.45 (3), 48.48 (1), 48.48 (3), 48.48 (4), 48.48 (4m) (b), 48.48 (5), 48.48 (6), 48.48 (14), 48.48 (16), 48.50 (1), 48.52 (1) (c), 48.52 (2) (a), 48.52 (2) (c), 48.54, 48.547 (1), 48.547 (4), 48.57 (1) (a), 48.58 (1) (b), 48.58 (1) (c), 48.58 (1) (d), 48.59 (1), 48.63 (1), 48.66 (1), 48.78 (2) (a), 48.95, 49.19 (4) (c), 49.46 (1) (a) 5., 49.80 (7), 49.90 (1m), 50.39 (3), 51.05 (2), 51.13 (1) (c), 51.13 (4) (a), 51.13 (4) (b), 51.13 (4) (d), 51.13 (4) (h) 2., 51.13 (4) (h) 4., 51.14 (2), 51.15 (1) (a) (intro.), 3. and 4., 51.20 (1) (a) 2. b., c. and d., 51.20 (1) (b), 51.20 (6), 51.20 (13) (cr), 51.35 (3) (title), 51.35 (3) (a), 51.35 (3) (b), 51.35 (3) (c), 51.35 (3) (e), 51.35 (3) (g), 51.42 (3) (ar) 4. b., 51.42 (3) (as) 1., 51.437 (4rm) (a), 51.45 (5) (d) 1., 51.45 (11) (bm), 59.175, 101.123 (1) (i), 102.07 (13), 103.70 (1), 103.72, 103.87, 115.31 (1) (b), 115.81 (9) (c), 115.85 (2m), 118.125 (1) (a), 118.125 (2) (cm), 118.125 (2) (d), 118.125 (2) (j) 3., 118.125 (2) (L), 118.125 (3), 118.125 (4), 118.127 (1), 118.127 (2), 118.15 (1) (cm) 1., 118.15 (5) (a), 118.16 (2m) (a) (intro.), 118.16 (2m) (d), 118.16 (2m) (e), 118.16 (4) (e), 118.16 (5) (intro.), 118.16 (5) (a), 118.16 (5) (c), 118.16 (6), 118.162 (4) (e), 118.163 (2) (b), 118.163 (2) (d), 119.04 (1), 120.12 (18), 121.78 (4), 125.07 (4) (bs) 1., 125.07 (4) (bs) 2., 125.07 (4) (bs) 3., 125.07 (4) (bs) 4., 125.07 (4) (c) 1., 125.07 (4) (c) 2., 125.07 (4) (c) 3., 125.07 (4) (c) 4., 125.07 (4) (cg), 125.07 (4) (d), 125.07 (4) (e) 2. a., 125.085 (3) (bd), 125.085 (3) (bh), 125.085 (3) (bt), 125.09 (2) (d), 146.34 (1) (e), 146.34 (5) (a) (intro.), 146.81 (4), 146.81 (5), 157.065 (2) (a) 4. c., 161.455 (1), 161.46 (1), 161.46 (2), 161.46 (3), 161.573 (2), 161.574 (2), 161.575 (1), 161.575 (2), 165.76 (1) (a), 165.76 (2) (b) 2., 165.76 (2) (b) 5., 165.76 (3), 165.765 (1), 165.765 (2) (a), 165.77 (2) (b), 165.77 (3), 175.35 (1) (ag), 175.45 (1) (b), 175.45 (1) (e), 175.45 (3) (a) 2., 175.45 (5) (b), 227.03 (4), 230.36 (1), 230.36 (3) (c) (intro.), 252.04 (6), 252.11 (5m), 252.11 (7), 252.15 (1) (ab), 252.15 (2) (a) 6., 252.15 (2) (a) 7. a., 252.15 (5) (a) 17., 252.15 (5) (a) 19., 301.01 (2) (b), 301.02, 301.03 (9), 301.03 (9m), 301.035 (2), 301.035 (4), 301.135 (1), 301.135 (3m), 301.28 (1), 301.36 (1), 302.11 (10), 302.17 (2), 302.17 (3), 302.18 (7), 302.255, 302.31, 302.386 (1), 302.386 (2) (intro.), 302.386 (3), 304.06 (1) (b), 304.15, 340.01 (9r) (d), 343.06 (1) (i), 343.30 (5), 343.30 (6) (b) (intro.), 752.31 (2) (e), 757.69 (1) (g), 758.19 (6), 767.02 (1) (m), 767.24 (3) (e), 767.29 (3), 767.30 (1), 767.305, 767.32 (1) (a), 767.32 (2r), 767.47 (10), 778.25 (1) (a) 1., 778.25 (1) (a) 4., 778.25 (1) (a) 5., 778.25 (8) (a), 778.25 (8) (b), 778.25 (8) (c), 808.04 (3), 808.04 (4), 809.30 (1) (a), 809.30 (1) (b), 809.30 (2) (d), 809.30 (2) (fm), 809.40 (1), 851.72 (7), 859.07 (2), 880.15 (1), 885.37 (1) (a) 2., 895.035 (3), 895.035 (4), 895.035 (6), 901.05 (2) (intro.), 901.05 (3), 904.13 (2), 905.04 (4) (i), 906.08 (2), 906.09 (title), 906.09 (1), 906.09 (2), 906.09 (3), 906.09 (5), 908.08 (1), 939.62 (3) (a), 939.62 (3) (b), 939.635 (1), 939.635 (2) (b), 941.29 (2), 946.42 (1) (a), 946.42 (1) (c), 946.42 (2) (b), 946.42 (3) (b), 946.42 (3) (c), 946.42 (3) (d), 946.44 (1) (a), 946.44 (2) (c), 946.44 (2) (d), 946.45 (1), 946.45 (2) (c), 946.45 (2) (d), 948.01 (1), 948.31 (1) (a) 2., 948.31 (1) (b), 948.35 (1) (a), 948.36 (1), 948.40 (1), 948.40 (2), 948.45 (1), 948.50 (4) (b), 948.60 (title), (2) and (3), 948.61 (4), 950.02 (1m), 967.04 (7) (a) (intro.), 967.04 (9), 968.255 (1) (a) 3., 968.255 (7) (b), 969.01 (4), 970.032 (title) and (1), 970.032 (2) (intro.), 970.032 (2) (b), 970.032 (2) (c), 970.035, 971.105, 972.14 (3), 973.013 (3m), 976.08, 977.02 (3), 977.05 (4) (gm), 977.05 (4) (h), 977.05 (4) (i) 5., 977.07 (1) (a), 977.07 (1) (c), 977.07 (2) (a), 977.07 (2) (c), 977.08 (2) (e), 977.10, 978.05 (6) (a), 980.015 (2) (b), 980.02 (1) (b) 2., 980.02 (2) (ag), 980.02 (4) (am), 980.02 (4) (b), 980.04 (1), 990.01 (3) and 990.01 (20); to repeal and recreate 48.275 (3); and to create 20.435 (3) (c), 48.06 (2) (am), 60.23 (22m), 101.123 (3) (gg), 118.125 (2) (cg), 118.125 (5) (b), 118.127 (3), 118.15 (5) (am), 118.16 (5m), 118.163 (2) (e), 120.12 (24), 301.35 (2) (e), 302.386 (5) (c), 302.386 (5) (d), 304.06 (1z), 808.075 (4) (fn), 895.035 (2m), chapter 938, 938.988 and 946.50 of the statutes; relating to: creating a juvenile justice code, granting rule-making authority, making appropriations and providing penalties.

Analysis by the Legislative Reference Bureau

This bill makes various changes relating to juveniles who violate criminal laws, civil laws or municipal ordinances or who are uncontrollable, dropouts or habitually truant from home or school. Those changes are as follows:

Creation of juvenile justice code

Under current law, the children's code provides the grounds under which the court assigned to exercise jurisdiction under the children's code (juvenile court) may exercise jurisdiction over juveniles who are alleged to have violated a criminal law, civil law or municipal ordinance or who are alleged to be in need of protection or services (CHIPS). The children's code also provides the grounds under which those juveniles may be taken into and held in custody, procedures for the juvenile court to follow in processing petitions relating to those juveniles and the dispositions that a juvenile court may impose on those juveniles. This bill creates a separate juvenile justice code governing juveniles who are alleged to have violated a criminal law, civil law or municipal ordinance or who are alleged to be uncontrollable, dropouts or habitually truant from home or school, leaving children who are in need of protection or services, for example, children who have been abandoned, abused or neglected, under the children's code.

Under current law, the children's code contains a statement of the legislative purposes of the children's code. Those purposes include: 1) consistent with the protection of the public interest, to remove from juveniles committing delinquent acts the consequences of criminal behavior and to substitute a program of supervision, care and rehabilitation; 2) to respond to juveniles' needs for care and treatment through community-based programs and to keep juveniles in their homes whenever possible; and 3) to divert juveniles from the juvenile justice system to the extent this is consistent with protection of juveniles and the public safety. This bill substitutes the following legislative purposes in the juvenile justice code:

1. To promote a juvenile justice system which is capable of dealing with the problem of juvenile delinquency by: a) protecting citizens from juvenile crime; b) holding juvenile offenders directly accountable for their acts; and c) developing competency in juvenile offenders so that they are more capable of living productively and responsibly in the community.

2. To respond to a juvenile offender's need for care and treatment, consistent with the prevention of delinquency, the offender's best interest and the protection of the public, by allowing the judge to use the most effective dispositional option.

3. To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.

Age limits on jurisdiction

Under current law, a person 18 years of age or older who violates a criminal law is subject to the jurisdiction and procedures of the court of criminal jurisdiction (adult court) and, on conviction, is subject to an adult sentence. Currently, a person who is under 18 years of age, but who is 12 years of age or older, and who violates a criminal law is subject to the delinquency jurisdiction and procedures of the juvenile court and, on being adjudicated delinquent, is subject to an array of dispositions provided in the children's code including placement in a juvenile secured correctional facility. Currently, a juvenile under 12 years of age who violates a criminal law is subject to the CHIPS jurisdiction and procedures of the juvenile court and, on adjudication, is subject to an array of dispositions provided in the children's code for CHIPS juveniles, but not including any type of secure placement. This bill lowers from 18 to 17 the age at which a person who violates a criminal law is subject to the jurisdiction and procedures of the adult court and, on conviction, to an adult sentence. The bill also lowers from 12 to 10 the age at which a juvenile who violates a criminal law is subject to the delinquency jurisdiction and procedures of the juvenile court and, on adjudication, a secure placement. The bill provides, however, that a juvenile under 12 years of age who is adjudicated delinquent may not be placed in a juvenile secured correctional facility. Instead, the bill authorizes the department of health and social services (DHSS) to license child welfare agencies to hold in secure custody juveniles under 12 years of age who have been adjudicated delinquent. The bill defines such a licensed facility as a "secured child caring institution" and permits a juvenile court to place a juvenile under 12 years of age who has been adjudicated delinquent in a secured child caring institution under DHSS supervision.

Under current law, an adult court has original jurisdiction over a juvenile who is alleged to have committed battery or aggravated assault while placed in a secured correctional facility. A juvenile who is alleged to have committed battery or aggravated assault while placed in a secured correctional facility is subject to the procedures specified in the criminal procedure code and to adult sentencing unless the adult court transfers jurisdiction to the juvenile court. This bill grants to an adult court original jurisdiction over a juvenile who is alleged to have attempted or committed first-degree intentional homicide or to have committed first-degree reckless homicide or 2nd-degree intentional homicide on or after the juvenile's 10th birthday. A juvenile who is alleged to have attempted or committed first-degree intentional homicide or to have committed first-degree reckless homicide or 2nd-degree intentional homicide on or after the juvenile's 10th birthday is subject to the procedures specified in the criminal procedure code and to adult sentencing unless the adult court convicts the juvenile of a lesser offense, in which case the adult court must impose a disposition permitted under the children's code. A juvenile who is convicted of attempting or committing first-degree intentional homicide or of committing first-degree reckless homicide or 2nd-degree intentional homicide must remain under the supervision of DHSS until the juvenile attains 17 years of age and, on attaining 17 years of age, must be transferred to the supervision of the department of corrections (DOC). DOC may place the juvenile in a state prison and must discharge the juvenile when the juvenile is no longer in need of rehabilitation and treatment and is no longer a danger to the public. The juvenile may also be paroled by the parole commission.

Original adult court jurisdiction

The bill also grants to an adult court original jurisdiction over a juvenile who is alleged to have violated any state criminal law under any of the following circumstances: 1) the child has been convicted of a previous violation following waiver of juvenile court jurisdiction; 2) the juvenile court has waived its jurisdiction over the juvenile for a previous violation and criminal proceedings on that violation are still pending; 3) the juvenile has been convicted of a previous violation over which the adult court had original jurisdiction; or 4) proceedings on a violation over which the adult court has original jurisdiction are still pending. The bill requires the adult court to retain jurisdiction over the juvenile in those circumstances if the adult court finds probable cause to believe that the juvenile has violated any state criminal law and does not permit the adult court to transfer jurisdiction to the juvenile court.

Waiver of juvenile court jurisdiction

Under current law, a juvenile court generally has original jurisdiction over a juvenile who is alleged to have violated a criminal law. Currently, however, a juvenile court may waive its jurisdiction over a juvenile who is alleged to have violated any state criminal law on or after the juvenile's 16th birthday, who is alleged to have attempted or to have committed first-degree intentional homicide on or after the juvenile's 14th birthday or who is alleged to have committed a drug delivery violation, first-degree or 2nd-degree reckless homicide, 2nd-degree intentional homicide, first-degree sexual assault, taking hostages, kidnapping, armed burglary or a gang-related violation on or after the juvenile's 14th birthday. If the juvenile court waives its jurisdiction over a juvenile, jurisdiction over the juvenile is transferred to the adult court. This bill lowers from 16 to 15 the age at which the juvenile court may waive its jurisdiction over a juvenile who is alleged to have violated any state criminal law. The bill also permits a juvenile court to waive its jurisdiction over a juvenile who is alleged to have committed 2nd-degree sexual assault or armed robbery on or after the juvenile's 14th birthday.

Under current law, the juvenile court must take relevant testimony which the district attorney must present before making its decision whether to waive jurisdiction. This bill eliminates the requirement that the juvenile court take testimony if the petition for waiver is uncontested and the juvenile court is satisfied that the decision not to contest the waiver petition is knowingly, intelligently and voluntarily made. The bill further permits a juvenile court commissioner, instead of a judge, to hear an uncontested waiver petition. The bill also permits the juvenile court to waive its jurisdiction over a juvenile in absentia if the juvenile absconds and does not appear for his or her waiver hearing. If the juvenile court waives its jurisdiction over a juvenile in absentia, the juvenile may contest the waiver when he or she is apprehended.

Absconders

Currently, if a juvenile court proceeding has been commenced before a juvenile is 18 years of age, but the juvenile becomes 18 years of age before admitting to the facts of the delinquency petition or, if the juvenile denies the facts, before an adjudication, the juvenile court retains jurisdiction over the juvenile beyond age 18 to dismiss the action with prejudice, to enter into a consent decree with the juvenile or to waive its jurisdiction over the juvenile and refer the matter to the district attorney for criminal prosecution. This bill eliminates those limitations on how the juvenile court may proceed with a juvenile over whom the juvenile court retains jurisdiction beyond the age of 17.

Current law does not specify what happens when a juvenile admits the facts of a petition or, if the juvenile denies the facts, is nevertheless adjudged delinquent before the juvenile is 18 years of age, but intentionally does not appear at his or her dispositional hearing, and does not return for a dispositional hearing until after attaining the age of 18. This bill provides that, when a juvenile does not appear at his or her dispositional hearing and does not return until after attaining age 17, the juvenile is guilty of the same class of felony as the class of felony, if committed by an adult, of the act for which the juvenile was adjudged delinquent. If the juvenile was adjudged delinquent for committing an act that would be a misdemeanor if committed by an adult, the juvenile is guilty of a Class E felony.

Victim's rights

Under current law, the victim of a juvenile's act or alleged act may attend a fact-finding or dispositional hearing before the juvenile court and hearings before the municipal court relating to the act or alleged act, except that a judge may exclude the victim from any portion of a hearing that deals with sensitive personal matters of the juvenile and the juvenile's family and that is not directly related to the act or alleged act against the victim. This bill permits the victim of a juvenile's act or alleged act to attend any hearing before the juvenile court or the municipal court relating to that act, subject to the same restrictions as under current law for attendance at a fact-finding or dispositional hearing.

Under current law, the victim of a felony or of a delinquent act that would be a felony if committed by an adult or a family member of a homicide victim may make a statement to the criminal court or juvenile court before sentencing or disposition. This bill permits the victim of a misdemeanor also to make a statement before sentencing or disposition. The bill also permits the victim of a delinquent act to make a statement before the juvenile court enters into a consent decree in a delinquency proceeding.

Under current law, the victim of a juvenile's act or alleged act may, with the approval of the juvenile court, obtain from a law enforcement agency the names of the juvenile and the juvenile's parents. A victim of a juvenile's act may also petition the juvenile court to order a law enforcement agency to disclose to the victim as much information in its records as is necessary to meet the victim's need for the information. The juvenile court may order that disclosure only after notifying all interested parties of the request, holding a hearing if there is an objection to the disclosure, inspecting the records requested and balancing whether the victim's need for the information outweighs society's interest in protecting its confidentiality. This bill permits a law enforcement agency, without a juvenile court order, to disclose to the victim of a juvenile's act or the victim's insurer any information in its records relating to any injury, loss or damage suffered by the victim, including the name and address of the juvenile and of the juvenile's parents. The victim may use and further disclose the information only for the purpose of recovering for the injury, loss or damage suffered by the victim. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.

Under current law, the victim of a juvenile's act must receive timely notice of certain information including general information relating to an informal disposition, consent decree or dispositional order involving the juvenile's act. This bill changes the term "informal disposition" to "deferred prosecution agreement" and eliminates the requirement that only general information regarding a deferred prosecution agreement, consent decree or dispositional order may be provided to a victim and instead specifies that any information regarding a deferred prosecution agreement, consent decree or dispositional order, other than a psychological report, a court report prepared by a social services agency or other information dealing with sensitive personal matters of the juvenile and the juvenile's family, may be provided to a victim.

Under current law, the general public is excluded from hearings under the children's code unless the juvenile demands a public fact-finding hearing. Currently, if a public hearing is not held, only the parties, their counsel, witnesses, victims, other persons requested by a party and approved by the juvenile court and other persons having a proper interest in the case or in the work of the juvenile court may be present. This bill permits a representative of the news media to attend a closed hearing for the purposes of reporting news without revealing the identity of the juvenile.

Confidentiality of peace officers' records

Under current law, subject to certain exceptions, peace officers' records of juveniles are not open to inspection and their contents may not be disclosed, except by order of the juvenile court. This bill requires a law enforcement agency to disclose to the person employed or contracted by a county board to enforce a victim's rights and to provide services for the victim (victim-witness coordinator) information in the law enforcement agency's records relating to the enforcement of those rights and the provision of those services. The bill also permits a law enforcement agency to disclose to the school district administrator of a public school district in which a juvenile who has been adjudged delinquent is enrolled information in the law enforcement agency's records relating to the act for which the juvenile was adjudged delinquent. If the information is disclosed, the school district administrator must disclose the information to teachers, other school officials who have a legitimate educational or safety interest in the information and school personnel who have been designated by the school board to receive that information for the purpose of providing treatment programs for pupils. Under the bill, peace officers' records may not be used as the sole basis for expelling or suspending a pupil. Currently, peace officers' records may be released to a juvenile's school district administrator only for the purpose of providing alcohol or other drug abuse treatment programs for the juvenile.

Confidentiality of court records

Under current law, subject to certain exceptions, the records of the juvenile court are not open to inspection and their contents may not be disclosed except by order of the juvenile court. Currently, a juvenile court must disclose to anyone upon request the name and age of a juvenile who has been adjudicated delinquent for committing first-degree or 2nd-degree intentional or reckless homicide, felony murder, first-degree or 2nd-degree sexual assault or armed robbery, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile as a result of that violation. This bill requires a juvenile court to disclose to anyone upon request the records of the juvenile court, other than psychological evaluation reports, alcohol or other drug abuse assessment reports, dispositional reports or other information that deals with sensitive personal matters of the juvenile and the juvenile's family, relating to a juvenile who has been alleged to have committed a violation that would be a felony if committed by an adult if the juvenile has been adjudicated delinquent previously or if a juvenile has been alleged to have committed homicide by intoxicated use of a vehicle or firearm, aggravated battery, mayhem, taking hostages, kidnapping, causing death by tampering with household products, arson of a building, armed burglary, carjacking, assault by a prisoner, first-degree or 2nd-degree sexual assault of a child, repeated sexual assault of a child, physical abuse of a child, sexual exploitation of a child, child enticement, soliciting a child for prostitution, child abduction, a drug delivery violation punishable by a prison term of 30 years or more if committed by an adult or solicitation, conspiracy or attempt to commit a violation punishable by life imprisonment if committed by an adult (commonly referred to as a "3 strikes and you're out" violation). Under the bill, the requester may further disclose the information to anyone. The bill also provides for public hearings in delinquency proceedings relating to a juvenile who has been adjudged delinquent previously or who is alleged to have committed a 3 strikes and you're out violation, except that the juvenile court must exclude the general public if the victim of a sexual assault objects and may, in its discretion, exclude the general public from any portion of a hearing that deals with sensitive personal information of the juvenile and the juvenile's family or from any other hearing that the general public is otherwise permitted to attend.

The bill also requires a juvenile court to disclose information in its records as follows:

1. To the victim-witness coordinator: information relating to enforcing the rights of a victim of a juvenile's act and to providing services for that victim.

2. To the school board of the school district in which a juvenile is enrolled or the school board's designee: if the juvenile is alleged to have committed an act that would be a felony if committed by an adult, the fact that a delinquency petition has been filed against the juvenile and the nature of the violation alleged in the petition; and, if the juvenile has been adjudicated delinquent for any violation, 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 as a result of that violation. Under the bill, a school board or designee must disclose the information to employes of the school district who work directly with the juvenile or who have a legitimate educational or safety interest in the information. Under the bill, juvenile court records may not be used as the sole basis for suspending or expelling a pupil. Currently, a juvenile court may disclose to a juvenile's school board only the fact that the juvenile has been adjudicated delinquent and must first notify the juvenile's parent of that intended disclosure to give the parent the opportunity to object to the disclosure. This bill eliminates the parent's opportunity to object.

Under current law, subject to certain exceptions, a juvenile's disposition and the record of evidence given in a juvenile court hearing is not admissible as evidence against the juvenile in any other court. This bill permits an adjudication of delinquency to be considered in setting bail and to be used to impeach, that is, attack the credibility of, a witness.

Confidentiality of social services records

Under current law, subject to certain exceptions, the records of a social welfare agency, that is, DHSS, a county department of human services or social services (county department) or a licensed child welfare agency, relating to an individual in the care or legal custody of the social welfare agency are not open to inspection and may not be disclosed except that a social welfare agency may confidentially exchange records with another social welfare agency or a law enforcement agency. This bill permits a social welfare agency to exchange records confidentially with a public school district and the victim-witness coordinator.

Confidentiality of pupil records

Under current law, pupil records, that is, records relating to an individual pupil maintained by a school, subject to certain exceptions, are confidential. Currently, the juvenile court may order a school board to disclose the pupil records of a juvenile who is under a juvenile court order to participate in an education program to the county department or child welfare agency responsible for supervising the juvenile in order for the department or agency to determine the juvenile's compliance with the order. This bill permits a juvenile court to order a school board to disclose pupil records as follows:

1. To a law enforcement agency: as necessary for the law enforcement agency to investigate alleged criminal or delinquent activity.

2. To a social welfare agency: as necessary for the social welfare agency to provide treatment or care for an individual in the social welfare agency's care or legal custody.

The bill also requires a school board to disclose certain pupil records to law enforcement agencies on request without a court order. Specifically, a school board must disclose to a law enforcement agency the attendance records of a pupil who is the subject of an investigation by the law enforcement agency. Also, a school board must disclose to a law enforcement agency directory data, that is, a pupil's name, address, telephone listing and other general information, for the purpose of investigating alleged delinquent or criminal activity by the pupil. Currently, a school board must disclose directory data to a law enforcement agency only for the purposes of enforcing the pupil's school attendance or responding to a health or safety emergency.

Dispositions

Under current law, a disposition for a juvenile who has been adjudged delinquent or found to be in need of protection or services must protect the juvenile's well-being and be least restrictive of the rights of the parent or juvenile, consistent with the protection of the public. Currently, the family unit must be preserved whenever possible and custody may be transferred from the parent only when there is no less drastic alternative. This bill requires a dispositional order for a juvenile who has been adjudged delinquent or who has been found to be uncontrollable, a dropout or habitually truant from home or school to promote the objectives of the juvenile justice code. The bill also eliminates the requirements that the family unit be preserved whenever possible and that custody may be transferred from a parent only when there is no less drastic alternative.

Current law provides for an array of specific dispositions that a juvenile court may impose on a juvenile who has been adjudged delinquent. This bill creates the following new dispositions:

1. Home detention for a period of not more than 20 days.

2. Short-term placement for not more than 30 days in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by DOC by rule or in a place of nonsecure custody designated by the judge.