AB130: Bill Text

AB130,184,23 (3) County department in populous counties. In counties having a population of 500,000 or more, the director of the county department may be ordered by the court to provide services for furnishing emergency shelter care to any juvenile whose need therefor, either by reason of need of protection and services or delinquency, is determined by the intake worker under s. 938.205. The court may authorize the director to appoint members of the county department to furnish emergency shelter care services for the juvenile. The emergency shelter care may be provided as specified in s. 938.207.

AB130,185,4 (4) County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under s. 51.42 or 51.437 to provide special treatment or care to a juvenile if special treatment or care has been ordered under s. 938.34 (6) and if s. 938.362 (4) applies.

AB130,185,11 938.08 Duties of person furnishing services to court. (1) It is the duty of each person appointed to furnish services to the court as provided in ss. 938.06 and 938.07 to make such investigations and exercise such discretionary powers as the judge may direct, to keep a written record of such investigations and to submit a report to the judge. The person shall keep informed concerning the conduct and condition of the juvenile under the person's supervision and shall report thereon as the judge directs.

AB130,185,18 (2) Except as provided in sub. (3), any person authorized to provide or providing intake or dispositional services for the court under ss. 938.067 and 938.069 and any department of corrections staff member designated by the department of corrections has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

AB130,185,25 (3) (a) In addition to the law enforcement authority specified in sub. (2), department of health and social services personnel designated by that department, personnel of a secured child caring institution designated by agreement between that secured child caring institution and the department of health and social services, and department of corrections personnel designated by the department of corrections have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

AB130,186,2 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or secured child caring institution.

AB130,186,4 2. If the juvenile has failed to return to a secured correctional facility or secured child caring institution after any authorized absence.

AB130,186,8 (b) A juvenile taken into custody under par. (a) may be returned directly to the secured correctional facility or secured child caring institution and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

AB130,186,10 938.09 Representation of the interests of the public. The interests of the public shall be represented in proceedings under this chapter as follows:

AB130,186,11 (1) By the district attorney, in any matter arising under s. 938.12.

AB130,186,17 (2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

AB130,186,19 (3) By the city, village or town attorney, in any matter concerning a city, village or town ordinance violation, respectively, arising under s. 938.125.

AB130,186,21 (4) By any appropriate person designated by the county board of supervisors in any matter concerning a noncity ordinance violation arising under s. 938.125.

AB130,187,2 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

AB130,187,7 938.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation to file a petition is made, a citation is issued or a deferred prosecution agreement is entered into, the judge shall be disqualified from participating further in the proceedings.

AB130,187,9 SUBCHAPTER III JURISDICTION

AB130,187,12 938.12 Jurisdiction over juveniles alleged to be delinquent. (1) The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18 and 938.183, over any juvenile 10 years of age or over who is alleged to be delinquent.

AB130,187,16 (2) If a court proceeding has been commenced under this section before a juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB130,187,20 938.125 Jurisdiction over juveniles alleged to have violated civil laws or ordinances. The court has exclusive jurisdiction over any juvenile alleged to have violated a law punishable by forfeiture or a county, town or other municipal ordinance, except as follows:

AB130,187,21 (1) As provided under s. 938.17.

AB130,188,2 (2) That the court has exclusive jurisdiction over any juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only after evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's absence from school as provided in s. 118.16 (5m).

AB130,188,5 938.13 Jurisdiction over juveniles alleged to be in need of protection or services. The court has exclusive original jurisdiction over a juvenile alleged to be in need of protection or services which can be ordered by the court, and:

AB130,188,7 (4) Whose parent or guardian signs the petition requesting jurisdiction and states that he or she is unable to control the juvenile.

AB130,188,11 (6) Who is habitually truant from school, after evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's absence from school as provided in s. 118.16 (5m), except as provided under s. 938.17 (2).

AB130,188,12 (6m) Who is a school dropout, as defined in s. 118.153 (1) (b).

AB130,188,16 (7) Who is habitually truant from home and either the juvenile or a parent, guardian or a relative in whose home the juvenile resides signs the petition requesting jurisdiction and attests in court that reconciliation efforts have been attempted and have failed.

AB130,188,18 (12) Who, being under 10 years of age, has committed a delinquent act as defined in s. 938.12.

AB130,188,21 (14) Who has been determined, under s. 938.30 (5) (c), to be not responsible for a delinquent act by reason of mental disease or defect or who has been determined, under s. 938.30 (5) (d), to be not competent to proceed.

AB130,188,25 938.135 Referral of juveniles to proceedings under ch. 51 or 55. (1) If a juvenile alleged to be delinquent or in need of protection or services is before the court and it appears that the juvenile is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.

AB130,189,3 (2) Any voluntary or involuntary admissions, placements or commitments of a juvenile made in or to an inpatient facility, as defined in s. 51.01 (10), other than a commitment under s. 938.34 (6) (am) shall be governed by ch. 51 or 55.

AB130,189,10 938.15 Jurisdiction of other courts to determine legal custody. Nothing contained in s. 938.12 or 938.13 deprives other courts of the right to determine the legal custody of juveniles by habeas corpus or to determine the legal custody or guardianship of juveniles if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 48 is paramount in all cases involving juveniles alleged to come within the provisions of s. 938.12 or 938.13.

AB130,189,24 938.17 Jurisdiction over traffic, boating, snowmobile and all-terrain vehicle violations and over civil law and ordinance violations. (1) Traffic, boating, snowmobile and all-terrain vehicle violations. Except for ss. 342.06 (2) and 344.48 (1), and ss. 30.67 (1) and 346.67 when death or injury occurs, courts of criminal and civil jurisdiction shall have exclusive jurisdiction in proceedings against juveniles 16 or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341 to 351, and of traffic regulations as defined in s. 345.20 and nonmoving traffic violations as defined in s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the juvenile may be held in secure custody only in a secure detention facility. A juvenile convicted of a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except as follows:

AB130,190,2 (a) The court may disregard any minimum period of incarceration specified for the offense.

AB130,190,5 (b) If the court orders the juvenile to serve a period of incarceration of less than 6 months, the juvenile may serve that period of incarceration only in a secure detention facility.

AB130,190,10 (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more of the dispositions provided in s. 938.34, including placement of the juvenile in a secured correctional facility under s. 938.34 (4m), if appropriate.

AB130,190,21 (2) Civil law and ordinance violations. (a) 1. Except as provided in sub. (1), municipal courts have concurrent jurisdiction with the court assigned to exercise jurisdiction under this chapter and ch. 48 in proceedings against juveniles aged 12 or older for violations of county, town or other municipal ordinances. If evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the juvenile's absence from school as provided in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted under s. 118.163 (2) regardless of the juvenile's age and regardless of whether the court assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction under s. 938.13 (6).

AB130,190,23 2. a. In this subdivision, "administrative center" means the main administrative offices of a school district.

AB130,191,2 b. The municipal court that may exercise jurisdiction under subd. 1. is the municipal court that is located in the same municipality as the administrative center of the school district in which the juvenile is enrolled, if that municipality has adopted an ordinance under s. 118.163.

AB130,191,7 c. If the municipality specified under subd. 2. b. has not adopted an ordinance under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1. is the municipal court that is located in the municipality where the school in which the juvenile is enrolled is located, if that municipality has adopted an ordinance under s. 118.163.

AB130,191,11 d. If the municipality specified under subd. 2. c. has not adopted an ordinance under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1. is the municipal court that is located in the municipality where the juvenile resides, if that municipality has adopted an ordinance under s. 118.163.

AB130,191,13 3. When a juvenile is alleged to have violated a municipal ordinance, the juvenile may be:

AB130,191,15 a. Issued a citation directing the juvenile to appear in municipal court or make a deposit or stipulation and deposit in lieu of appearance;

AB130,191,18 b. Issued a citation directing the juvenile to appear in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237; or

AB130,191,21 c. Referred to intake for a determination whether a petition should be filed in the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to s. 938.125.

AB130,191,25 (b) When a juvenile 12 years of age or older is alleged to have violated a civil law punishable by a forfeiture or where a juvenile is alleged to have violated a municipal ordinance but there is no municipal court in the municipality, the juvenile may be:

AB130,192,3 1. Issued a citation directing the juvenile to appear in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237; or

AB130,192,6 2. Referred to intake for a determination whether a petition should be filed in the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to s. 938.125.

AB130,192,17 (c) The citation procedures described in ch. 800 shall govern proceedings involving juveniles in municipal court, except that this chapter shall govern the taking and holding of a juvenile in custody. When a juvenile is before the court assigned to exercise jurisdiction under this chapter and ch. 48 upon a citation alleging the juvenile to have violated a civil law or municipal ordinance, the procedures specified in s. 938.237 shall apply. If a citation is issued to a juvenile, the issuing agency shall notify the juvenile's parent or guardian within 7 days. The agency issuing a citation to a juvenile who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) or an ordinance conforming to one of those statutes shall send a copy to an intake worker under s. 938.24 for informational purposes only.

AB130,193,6 (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343. If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.

AB130,193,9 (e) If a municipal court finds that a juvenile violated a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2), the court shall enter a dispositional order under s. 938.344.

AB130,193,13 (f) If the act the juvenile committed resulted in personal injury or damage to or loss of the property of another, the municipal court shall, to the extent possible, provide each known victim of the act with the information contained in the notice required under s. 938.346.

AB130,193,16 (g) If a municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1) that is consistent with the municipal ordinance.

AB130,193,21 (h) 1. If a juvenile who has violated a municipal ordinance violates a condition of his or her dispositional order, the municipal court may impose on the juvenile one of the sanctions specified in s. 938.355 (6) (d) 2. to 4. if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6) (d) 2. to 4. for a violation.

AB130,194,2 2. A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the municipal attorney 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 and the juvenile's parent, guardian or legal custodian.

AB130,194,4 3. Before imposing any sanction, the court shall hold a hearing, at which the juvenile may present evidence.

AB130,194,9 (3) Safety at sporting events. Notwithstanding sub. (2), courts of criminal or civil jurisdiction have exclusive jurisdiction in proceedings against juveniles under s. 167.32 or under a local ordinance strictly conforming to s. 167.32. A juvenile convicted of a violation under s. 167.32 or under a local ordinance strictly conforming to s. 167.32 shall be treated as an adult for sentencing purposes.

AB130,194,13 938.18 Jurisdiction for criminal proceedings for juveniles 14 or older; waiver hearing. (1) (a) Subject to s. 938.183, a juvenile or district attorney may apply to the court to waive its jurisdiction under this chapter in any of the following situations:

AB130,194,15 1. If the juvenile is alleged to have violated s. 161.41 (1), 940.06, 940.225 (1) or (2), 940.305, 940.31, 943.10 (2) or 943.32 (2) on or after the juvenile's 14th birthday.

AB130,194,19 2. If the juvenile is alleged to have committed, on or after the juvenile's 14th birthday, a violation, at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute a felony under ch. 161 or under chs. 939 to 948 if committed by an adult.

AB130,194,21 3. If the juvenile is alleged to have violated any state criminal law on or after the juvenile's 15th birthday.

AB130,194,24 (b) The judge may also initiate a petition for waiver in any of the situations described in par. (a) if the judge disqualifies himself or herself from any future proceedings on the case.

AB130,195,4 (2) The waiver hearing shall be brought on by filing a petition alleging delinquency drafted under s. 938.255 and a petition for waiver of jurisdiction which shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be filed prior to the plea hearing.

AB130,195,12 (2m) If it appears that the juvenile may be suitable for participation in the youthful offender program under s. 938.537 or the adult intensive sanctions program under s. 301.048, the court shall order the department of corrections to submit a report analyzing the juvenile's suitability for participation in those programs and recommending whether the juvenile should be placed in either of those programs. The report shall be in writing, except that the report may be presented orally at the waiver hearing if the juvenile and the juvenile's counsel consent. A report that is presented orally shall be transcribed and made a part of the court record.

AB130,195,20 (3) (a) The juvenile shall be represented by counsel at the waiver hearing. Written notice of the time, place and purpose of the hearing shall be given to the juvenile, any parent, guardian or legal custodian, and counsel at least 3 days prior to the hearing. The notice shall contain a statement of the requirements of s. 938.29 (2) with regard to substitution of the judge. Where parents entitled to notice have the same address, notice to one constitutes notice to the other. Counsel for the juvenile shall have access to the social records and other reports consistent with s. 938.293.

AB130,195,23 (b) The juvenile has the right to present testimony on his or her own behalf including expert testimony and has the right to cross-examine witnesses at the hearing.

AB130,195,24 (c) The juvenile does not have the right to a jury at a hearing under this section.

AB130,196,2 (4) (a) The court shall determine whether the matter has prosecutive merit before proceeding to determine if it should waive jurisdiction.

AB130,196,6 (b) If the petition for waiver of jurisdiction is contested, the court, after taking relevant testimony which the district attorney shall present and considering other relevant evidence, shall base its decision whether to waive jurisdiction on the criteria specified in sub. (5).

AB130,196,14 (c) If the petition for waiver of jurisdiction is uncontested, the court shall inquire into the capacity of the juvenile to knowingly, intelligently and voluntarily decide not to contest the waiver of jurisdiction. If the court is satisfied that the decision not to contest the waiver of jurisdiction is knowingly, intelligently and voluntarily made, no testimony need be taken and the court, after considering the petition for waiver of jurisdiction and other relevant evidence in the record before the court, shall base its decision whether to waive jurisdiction on the criteria specified in sub. (5).

AB130,196,16 (5) If prosecutive merit is found, the court shall base its decision whether to waive jurisdiction on the following criteria:

AB130,196,24 (a) The personality and prior record of the juvenile, including whether the juvenile is mentally ill or developmentally disabled, whether the court has previously waived its jurisdiction over the juvenile, whether the juvenile has been previously convicted following a waiver of the court's jurisdiction or has been previously found delinquent, whether such conviction or delinquency involved the infliction of serious bodily injury, the juvenile's motives and attitudes, the juvenile's physical and mental maturity, the juvenile's pattern of living, prior offenses, prior treatment history and apparent potential for responding to future treatment.

AB130,197,3 (b) The type and seriousness of the offense, including whether it was against persons or property, the extent to which it was committed in a violent, aggressive, premeditated or wilful manner, and its prosecutive merit.

AB130,197,8 (c) The adequacy and suitability of facilities, services and procedures available for treatment of the juvenile and protection of the public within the juvenile justice system, and, where applicable, the mental health system and the suitability of the juvenile for placement in the youthful offender program under s. 938.537 or the adult intensive sanctions program under s. 301.048.

AB130,197,11 (d) The desirability of trial and disposition of the entire offense in one court if the juvenile was allegedly associated in the offense with persons who will be charged with a crime in circuit court.

AB130,197,18 (6) After considering the criteria under sub. (5), the court shall state its finding with respect to the criteria on the record, and, if the court determines on the record that it is established by clear and convincing evidence that it would be contrary to the best interests of the juvenile or of the public to hear the case, the court shall enter an order waiving jurisdiction and referring the matter to the district attorney for appropriate proceedings in the court of criminal jurisdiction, and the court of criminal jurisdiction thereafter has exclusive jurisdiction.

AB130,197,22 (7) If the juvenile absconds and does not appear at the waiver hearing, the court may proceed with the waiver hearing as provided in subs. (4) to (6) in the juvenile's absence. If the waiver is granted, the juvenile may contest that waiver when the juvenile is apprehended.

AB130,197,25 (8) When waiver is granted, the juvenile, if held in secure custody, shall be transferred to an appropriate officer or adult facility and shall be eligible for bail in accordance with chs. 968 and 969.

AB130,198,3 (9) If waiver is granted, sub. (1) does not restrict the authority of the district attorney to charge the offense he or she deems is appropriate and does not restrict the authority of any court or jury to convict the juvenile in regard to any offense.

AB130,198,6 938. 183 Original adult court jurisdiction for criminal proceedings. (1) Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction have exclusive original jurisdiction over all of the following:

AB130,198,8 (a) A juvenile who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility.

AB130,198,14 (b) A juvenile who is alleged to have violated any state criminal law if the juvenile has been convicted of a previous violation following waiver of jurisdiction under s. 938.18 by the court assigned to exercise jurisdiction under this chapter and ch. 48 or if the court assigned to exercise jurisdiction under this chapter and ch. 48 has waived its jurisdiction over the juvenile for a previous violation and criminal proceedings on that previous violation are still pending.

AB130,198,19 (c) A juvenile who is alleged to have violated any state criminal law if the juvenile has been convicted of a previous violation over which the court of criminal jurisdiction had original jurisdiction under this section or if proceedings on a previous violation over which the court of criminal jurisdiction has original jurisdiction under this section are still pending.

AB130,198,24 (1m) Notwithstanding subchs. IV to VI, a juvenile described in sub. (1) is subject to the procedures specified in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile is alleged to have committed, unless a court of criminal jurisdiction transfers jurisdiction under s. 970.032 to a court assigned to exercise jurisdiction under this chapter and ch. 48.

AB130,199,11 (2) (a) Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction have exclusive original jurisdiction over a juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 10th birthday. Notwithstanding subchs. IV to VI, a juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 10th birthday is subject to the procedures specified in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile is alleged to have committed, unless the court of criminal jurisdiction convicts the juvenile of a lesser offense, in which case the court of criminal jurisdiction shall impose a disposition specified in s. 938.34.

AB130,199,19 (b) A juvenile who is subject to this paragraph shall remain under the supervision of the department of health and social services until the juvenile's 17th birthday. When the juvenile attains the age of 17 years, the court of criminal jurisdiction shall transfer supervision of the juvenile from the department of health and social services to the department of corrections, and the department of corrections may place the juvenile in a state prison named in s. 302.01. A juvenile who is placed with the department of corrections under this paragraph is eligible for parole under s. 304.06.

AB130,199,24 (c) If the juvenile is placed outside the juvenile's home under this subsection, the order shall contain, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee under s. 59.07 (97) for establishment of child support.

AB130,200,2 938.185 Venue. (1) Subject to sub. (3), venue for any proceeding under ss. 938.12, 938.125, 93 8.13, 938.135 and 938.18 may be in any of the following:

AB130,200,3 (a) The county where the juvenile resides.

AB130,200,4 (b) The county where the juvenile is present.