AB130: Bill Text Engrossed

AB130-engrossed,175,13 901.05 (2) (intro.) Except as provided in sub. (3), the results of a test or tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and the fact that a person has been ordered or required to submit to such a test or tests under s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding, as evidence of a person's character or a trait of his or her character for the purpose of proving that he or she acted in conformity with that character on a particular occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless the following procedures are used:

AB130-engrossed, s. 569 Section 569. 901.05 (3) of the statutes is amended to read:

AB130-engrossed,175,18 901.05 (3) The results of a test or tests under s. 48.296 938.296 (4) or 968.38 (4) and the fact that a person has been ordered to submit to such a test or tests under s. 48.296 938.296 (4) or 968.38 (4) are not admissible during the course of a civil or criminal action or proceeding or an administrative proceeding.

AB130-engrossed, s. 570 Section 570. 904.13 (2) of the statutes is amended to read:

AB130-engrossed,176,2 904.13 (2) In any action or proceeding under ch. 48 938 or chs. 967 to 979, evidence of the address of an alleged crime victim or any family member of an alleged crime victim or evidence of the name and address of any place of employment of an alleged crime victim or any family member of an alleged crime victim is relevant only if it meets the criteria under s. 904.01. District attorneys shall make appropriate objections if they believe that evidence of this information, which is being elicited by any party, is not relevant in the action or proceeding.

AB130-engrossed, s. 571 Section 571. 905.04 (4) (i) of the statutes is amended to read:

AB130-engrossed,176,10 905.04 (4) (i) Providing services to court in juvenile matters. There is no privilege regarding information obtained by an intake worker or dispositional staff in the provision of services under s. 48.067 or, 48.069, 938.067 or 938.069. An intake worker or dispositional staff member may disclose information obtained while providing services under s. 48.067 or 48.069 only as provided in s. 48.78 and may disclose information obtained while providing services under s. 938.067 or 938.069 only as provided in s. 938.78.

AB130-engrossed, s. 572 Section 572. 906.08 (2) of the statutes is amended to read:

AB130-engrossed,176,18 906.08 (2) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's credibility, other than a conviction of crimes a crime or an adjudication of delinquency as provided in s. 906.09, may not be proved by extrinsic evidence. They may, however, subject to s. 972.11 (2), if probative of truthfulness or untruthfulness and not remote in time, be inquired into on cross-examination of the witness or on cross-examination of a witness who testifies to his or her character for truthfulness or untruthfulness.

AB130-engrossed, s. 573 Section 573. 906.09 (title) of the statutes is amended to read:

AB130-engrossed,176,21 906.09 (title) Impeachment by evidence of conviction of crime or adjudication of delinquency.

AB130-engrossed, s. 574 Section 574. 906.09 (1) of the statutes is amended to read:

AB130-engrossed,177,2 906.09 (1) General rule. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime or adjudicated delinquent is admissible. The party cross-examining the witness is not concluded by the witness's answer.

AB130-engrossed, s. 575 Section 575. 906.09 (2) of the statutes is amended to read:

AB130-engrossed,177,6 906.09 (2) Exclusion. Evidence of a conviction of a crime or an adjudication of delinquency may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.

AB130-engrossed, s. 576 Section 576. 906.09 (3) of the statutes is amended to read:

AB130-engrossed,177,11 906.09 (3) (title) Admissibility of conviction or adjudication. No question inquiring with respect to a conviction of a crime or an adjudication of delinquency, nor introduction of evidence with respect thereto, shall be permitted until the judge determines pursuant to s. 901.04 whether the evidence should be excluded.

AB130-engrossed, s. 577 Section 577. 906.09 (4) of the statutes is repealed.

AB130-engrossed, s. 578 Section 578. 906.09 (5) of the statutes is amended to read:

AB130-engrossed,177,16 906.09 (5) Pendency of appeal. The pendency of an appeal therefrom does not render evidence of a conviction or a delinquency adjudication inadmissible. Evidence of the pendency of an appeal is admissible.

AB130-engrossed, s. 579 Section 579. 908.08 (1) of the statutes is amended to read:

AB130-engrossed,177,21 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 304.06 (3) or 973.10 (2), the court or hearing examiner may admit into evidence the videotaped oral statement of a child who is available to testify, as provided in this section.

AB130-engrossed, s. 580 Section 580. Chapter 938 of the statutes is created to read:

AB130-engrossed,177,24 Chapter 938 Juvenile justice code

AB130-engrossed,178,2 Subchapter I General provisions

AB130-engrossed,178,5 938.01 Title, legislative intent and purposes. (1) This chapter may be cited as "The Juvenile Justice Code", and shall be liberally construed in accordance with the objectives expressed in this section.

AB130-engrossed,178,10 (2) It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the legislature declares the following to be equally important purposes of this chapter:

AB130-engrossed,178,11 (a) To protect citizens from juvenile crime.

AB130-engrossed,178,12 (b) To hold each juvenile offender directly accountable for his or her acts.

AB130-engrossed,178,16 (c) To provide an individualized assessment of each alleged and adjudicated delinquent juvenile, in order to prevent further delinquent behavior through the development of competency in the juvenile offender, so that he or she is more capable of living productively and responsibly in the community.

AB130-engrossed,178,19 (d) To provide due process through which each juvenile offender and all other interested parties are assured fair hearings, during which constitutional and other legal rights are recognized and enforced.

AB130-engrossed,178,21 (e) To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.

AB130-engrossed,178,24 (f) To respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the judge to utilize the most effective dispositional option.

AB130-engrossed,179,5 (g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with the provisions of this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy and sensitivity throughout such proceedings.

AB130-engrossed,179,6 938.02 Definitions. In this chapter:

AB130-engrossed,179,10 (1) "Adult" means a person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.

AB130-engrossed,179,11 (1m) "Alcoholism" has the meaning given in s. 51.01 (1m).

AB130-engrossed,179,16 (1p) "Alcohol or other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages or controlled substances to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.

AB130-engrossed,179,17 (1s) "Approved treatment facility" has the meaning given in s. 51.01 (2).

AB130-engrossed,179,20 (2c) "Child caring institution" means a facility operated by a child welfare agency licensed under s. 48.60 for the care and maintenance of persons residing in that facility.

AB130-engrossed,179,21 (2d) "Controlled substance" has the meaning given in s. 161.01 (4).

AB130-engrossed,179,23 (2g) "County department" means a county department under s. 46.215, 46.22 or 46.23, unless the context requires otherwise.

AB130-engrossed,180,3 (2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction.

AB130-engrossed,180,5 (3) "Court intake worker" means any person designated to provide intake services under s. 938.067.

AB130-engrossed,180,9 (3m) "Delinquent" means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in ss. 938.17, 938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 938.355 (6g).

AB130-engrossed,180,10 (4) "Department" means the department of health and social services.

AB130-engrossed,180,12 (5) "Developmentally disabled" means having a developmental disability, as defined in s. 51.01 (5).

AB130-engrossed,180,13 (5g) "Drug dependent" has the meaning given in s. 51.01 (8).

AB130-engrossed,180,16 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children unless all of the children are siblings.

AB130-engrossed,180,19 (7) "Group home" means any facility operated by a person required to be licensed by the department under s. 48.625 for the care and maintenance of 5 to 8 children.

AB130-engrossed,180,21 (8) "Guardian" means the person named by the court having the duty and authority of guardianship.

AB130-engrossed,180,22 (9m) "Habitual truant" has the meaning given in s. 118.16 (1) (a).

AB130-engrossed,180,23 (9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).

AB130-engrossed,181,2 (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of criminal jurisdiction.

AB130-engrossed,181,6 (10m) "Juvenile" means a person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.

AB130-engrossed,181,9 (11) "Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of the juvenile has been transferred by a court, but does not include a person who has only physical custody of the juvenile.

AB130-engrossed,181,15 (12) "Legal custody" means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline the juvenile, and to provide food, shelter, legal services, education and ordinary medical and dental care, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB130-engrossed,181,21 (13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a judicial proceeding to be the biological father. "Parent" does not include any person whose parental rights have been terminated.

AB130-engrossed,181,23 (14) "Physical custody" means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.

AB130-engrossed,182,3 (14m) "Pupil assistance program" means a program provided by a school board under s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by pupils.

AB130-engrossed,182,6 (15) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt. This relationship may be by consanguinity or direct affinity.

AB130-engrossed,182,9 (15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure custody persons adjudged delinquent.

AB130-engrossed,182,15 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of health and social services or the department of corrections for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 938.532 is operated, a facility authorized under s. 938.533 (3) (b) and a facility authorized under s. 938.538 (4) (b).

AB130-engrossed,182,18 (16) "Secure detention facility" means a locked facility approved by the department of corrections under s. 301.36 for the secure, temporary holding in custody of children.

AB130-engrossed,182,21 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s. 48.66 (1).

AB130-engrossed,183,2 (17m) "Special treatment or care" means professional services which need to be provided to a juvenile or his or her family to protect the well-being of the juvenile, prevent placement of the juvenile outside the home or meet the special needs of the juvenile. This term includes medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.

AB130-engrossed,183,7 (17q) "Treatment foster home" means any facility that is operated by a person required to be licensed under s. 48.62 (1) (b), that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.

AB130-engrossed,183,8 (18) "Trial" means a fact-finding hearing to determine jurisdiction.

AB130-engrossed,183,9 (18m) "Truancy" has the meaning given in s. 118.16 (1) (c).

AB130-engrossed,183,12 (19) "Type 1 secured correctional facility" means a secured correctional facility, but excludes any correctional institution that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b) or 938.538 (4) (b).

AB130-engrossed,183,15 (20) "Type 2 secured correctional facility" means a secured correctional facility that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b) or 938.538 (4) (b).

AB130-engrossed,183,20 (21) "Victim-witness coordinator" means a person employed or contracted by the county board of supervisors under s. 950.06 to enforce the rights of victims and witnesses of crimes and to provide services for those victims and witnesses or a person employed or contracted by the department of justice to provide the services specified in s. 950.08.

AB130-engrossed,183,22 Subchapter II organization of court

AB130-engrossed,183,25 938.03 Time and place of court; absence or disability of judge; court of record. (1) The judge shall set apart a time and place to hold court on juvenile matters.

AB130-engrossed,184,5 (2) In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 48, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under s. 753.073.

AB130-engrossed,184,20 938.06 Services for court. (1) Counties with a population of 500,000 or more. (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all juveniles alleged to be in need of protection or services to be provided by the county department, and the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases.

AB130-engrossed,185,2 2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 938.065 (1).

AB130-engrossed,185,24 3. The county board of supervisors shall develop policies and establish necessary rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report and is responsible to the director of the county department for the execution of all nonjudicial operational policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is also responsible for the preparation and submission to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the judge or judges and clerk of circuit court. The county board of supervisors shall make provision in the organization of the office of director for the devolution of the director's authority in the case of temporary absence, illness, disability to act or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors also has the authority to investigate, arbitrate and resolve any conflict in the administration of the center as between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case or juvenile after a written order is made under s. 938.21 or if a petition is filed under s. 938.25. All personnel of the intake and probation sections and of the secure detention facilities shall be appointed under civil service by the director except that existing court service personnel having permanent civil service status may be reassigned to any of the respective sections within the center specified in this paragraph.

AB130-engrossed,186,6 (am) 1. All intake workers beginning employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB130-engrossed,186,8 2. The department shall make training programs available annually that permit intake workers to satisfy the requirements specified under subd. 1.

AB130-engrossed,186,12 (b) Notwithstanding par. (a), the county board of supervisors may institute changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. 49.52.

AB130-engrossed,186,23 (2) Counties with a population under 500,000. (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 938.069. Intake services shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB130-engrossed,187,3 (am) 1. Notwithstanding par. (a), any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department.

AB130-engrossed,187,12 2. Notwithstanding par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services from the county sheriff's department as provided in this subdivision. If a county subcontracts intake services from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may make secure custody determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s. 938.208 made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.

AB130-engrossed,187,21 (b) 1. All intake workers beginning employment after May 15, 1980, excluding county sheriff's department employes who provide intake services under par. (am) 2., shall have the qualifications required to perform entry level social work in a county department. All intake workers beginning employment after May 15, 1980, including county sheriff's department employes who provide intake services under par. (am) 2., shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB130-engrossed,187,23 2. The department shall make training programs available annually that permit intake workers to satisfy the requirements specified under subd. 1.

AB130-engrossed,188,2 (3) Intake services. The court or county department responsible for providing intake services under s. 938.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.

AB130-engrossed,188,10 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 49.52, except as provided in s. 46.26. Counties having a population of less than 500,000 may use funds received under ss. 46.26 and 49.52 (1) (d), including county or federal revenue sharing funds allocated to match funds received under s. 49.52 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB130-engrossed,188,17 (5) Short-term detention as a disposition. The county board of supervisors of any county may, by resolution, authorize the court to use placement in a secure detention facility or juvenile portion of the county jail as a disposition under s. 938.34 (3) (f) or to use commitment to a county department under s. 51.42 or 51.437 for special treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a disposition under s. 938.34 (6) (am). The use by the court of those dispositions is subject to any resolution adopted under this subsection.