SB624, s. 49 14Section 49. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 77,
15is amended to read:
SB624,25,616 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
17973.0135, the parole commission may parole an inmate of the Wisconsin state
18prisons or any felon or any person serving at least one year or more in a county house
19of correction or a county reforestation camp organized under s. 303.07, when he or
20she has served 25% of the sentence imposed for the offense, or 6 months, whichever
21is greater. The parole commission may parole a participant in the serious juvenile
22offender program under s. 938.538 when he or she has participated in that program
23for 2 years.
Except as provided in s. 939.62 (2m) or 973.014, the parole commission
24may parole an inmate serving a life term when he or she has served 20 years, as
25modified by the formula under s. 302.11 (1) and subject to extension using the

1formulas under s. 302.11 (2). The person serving the life term shall be given credit
2for time served prior to sentencing under s. 973.155, including good time under s.
3973.155 (4). The secretary may grant special action parole releases under s. 304.02.
4The department or the parole commission shall not provide any convicted offender
5or other person sentenced to the department's custody any parole eligibility or
6evaluation until the person has been confined at least 60 days following sentencing.
SB624, s. 50 7Section 50. 304.06 (1z) of the statutes, as created by 1995 Wisconsin Act 77,
8is repealed.
SB624, s. 51 9Section 51. 778.25 (1) (a) 4. of the statutes, as affected by 1995 Wisconsin Act
1077
, is amended to read:
SB624,25,1311 778.25 (1) (a) 4. Under s. 48.983 938.983 brought against an adult in circuit
12court or against
a minor in the court assigned to exercise jurisdiction under chs. 48
13and 938.
SB624, s. 52 14Section 52. 895.035 (2m) (a) of the statutes, as created by 1995 Wisconsin Act
1577
, is amended to read:
SB624,26,916 895.035 (2m) (a) If a child fails to pay restitution under s. 938.245, 938.32,
17938.34 (5), 938.343 (4) or 938.345 as ordered by a court assigned to exercise
18jurisdiction under chs. 48 and 938 or a municipal court or as agreed to in a deferred
19prosecution agreement or if it appears likely that the child will not pay restitution
20as ordered or agreed to, the victim, the victim's insurer, the representative of the
21public interest under s. 938.09 or the agency, as defined in s. 938.38 (1) (a),
22supervising the child may petition the court assigned to exercise jurisdiction under
23chs. 48 and 938 to order that the amount of restitution unpaid by the child be entered
24and docketed as a judgment against the child and the parent with custody of the child
25and in favor of the victim or the victim's insurer, or both. A petition under this

1paragraph may be filed after the expiration of the deferred prosecution agreement,
2consent decree, dispositional order or sentence under which the restitution is
3payable, but no later than one year after the expiration of the deferred prosecution
4agreement, consent decree, dispositional order or sentence or any extension of the
5consent decree, dispositional order or sentence. A judgment rendered under this
6paragraph does not bar the victim or the victim's insurer, or both, from commencing
7another action seeking compensation from the child or the parent, or both, if the
8amount of restitution ordered under this paragraph is less than the total amount of
9damages claimed by the victim or the victim's insurer.
SB624, s. 53 10Section 53. 895.034 (2m) (b) of the statutes, as created by 1995 Wisconsin Act
1177
, is amended to read:
SB624,26,2312 895.035 (2m) (b) If a child fails to pay a forfeiture as ordered by a court assigned
13to exercise jurisdiction under chs. 48 and 938 or a municipal court or if it appears
14likely that the child will not pay the forfeiture as ordered, the representative of the
15public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising
16the child or the law enforcement agency that issued the citation to the child may
17petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that
18the amount of the forfeiture unpaid by the child be entered and docketed as a
19judgment against the child and the parent with custody of the child and in favor of
20the county or appropriate municipality
. A petition under this paragraph may be filed
21after the expiration of the dispositional order or sentence under which the forfeiture
22is payable, but no later than one year after the expiration of the dispositional order
23or sentence or any extension of the dispositional order or sentence.
SB624, s. 54 24Section 54. 938.02 (15m) of the statutes, as created by 1995 Wisconsin Act 77,
25is amended to read:
SB624,27,6
1938.02 (15m) "Secured correctional facility" means a correctional institution
2operated or contracted for by the department for holding in secure custody persons
3adjudged delinquent. "Secured correctional facility" includes the facility at which the
4juvenile boot camp program under s. 938.532 is operated, and a facility authorized
5under s. 938.533 (3) (b) and a facility authorized under s., 938.538 (4) (b) or 938.539
6(5)
.
SB624, s. 55 7Section 55. 938.02 (19) of the statutes, as created by 1995 Wisconsin Act 77,
8is amended to read:
SB624,27,129 938.02 (19) "Type 1 secured correctional facility" means a secured correctional
10facility, but excludes any correctional institution that meets the criteria under sub.
11(15m) solely because of its status under s. 938.533 (3) (b) or, 938.538 (4) (b) or 938.539
12(5)
.
SB624, s. 56 13Section 56. 938.02 (19r) of the statutes is created to read:
SB624,27,1714 938.02 (19r) "Type 2 child caring institution" means a child caring institution
15that is designated by the department to provide care and maintenance for juveniles
16who have been placed in the child caring institution under the supervision of a county
17department under s. 938.34 (4d).
SB624, s. 57 18Section 57. 938.02 (20) of the statutes, as created by 1995 Wisconsin Act 77,
19is amended to read:
SB624,27,2220 938.02 (20) "Type 2 secured correctional facility" means a secured correctional
21facility that meets the criteria under sub. (15m) solely because of its status under s.
22938.533 (3) (b) or, 938.538 (4) (b) or 938.539 (5).
SB624, s. 58 23Section 58. 938.028 of the statutes is created to read:
SB624,28,3
1938.028 Custody of Indian children. The Indian child welfare act, 25 USC
21911
to 1963, supercedes the provisions of this chapter in any child custody
3proceeding governed by that act.
SB624, s. 59 4Section 59. 938.065 (3) (f) of the statutes, as created by 1995 Wisconsin Act
577
, is amended to read:
SB624,28,66 938.065 (3) (f) Make any dispositional order under s. 938.34 (4d), (4h) or (4m).
SB624, s. 60 7Section 60. 938.08 (3) of the statutes, as created by 1995 Wisconsin Act 77, is
8amended to read:
SB624,28,139 938.08 (3) (a) In addition to the law enforcement authority specified in sub. (2),
10department personnel designated by the department and personnel of an agency
11contracted with under s. 301.08 (1) (b) 3. designated by agreement between the
12agency and the department
have the power of law enforcement authorities to take
13a juvenile into physical custody under the following conditions:
SB624,28,1514 1. If they are in prompt pursuit of a juvenile who has run away from a secured
15correctional facility or secured child caring institution.
SB624,28,1716 2. If the juvenile has failed to return to a secured correctional facility or secured
17child caring institution after any authorized absence.
SB624,28,2118 (b) A juvenile taken into custody under par. (a) may be returned directly to the
19secured correctional facility or secured child caring institution and shall have a
20hearing regarding placement in a disciplinary cottage or in disciplinary status in
21accordance with ch. 227.
SB624, s. 61 22Section 61. 938.17 (2) (h) 4. of the statutes is created to read:
SB624,29,323 938.17 (2) (h) 4. If the court assigned to exercise jurisdiction under this chapter
24and ch. 48 imposes the sanction specified in s. 938.355 (6) (d) 1. or home detention
25with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d)

13., on a petition described in subd. 1., that court shall order the municipality of the
2municipal court that filed the petition to pay to the county the cost of providing the
3sanction imposed under s. 938.355 (6) (d) 1. or 3.
SB624, s. 62 4Section 62. 938.18 (2m) of the statutes is created to read:
SB624,29,105 938.18 (2m) The court may designate an agency, as defined in s. 938.38 (1) (a),
6to submit a report analyzing the criteria specified in sub. (5). The agency shall file
7the report with the court and the court shall cause copies of the report to be given to
8the juvenile, any parent, guardian or legal custodian of the juvenile and counsel at
9least 3 days before the hearing. The court may rely on facts stated in the report in
10making its findings with respect to the criteria under sub. (5).
SB624, s. 63 11Section 63. 938.18 (2r) of the statutes, as created by 1995 Wisconsin Act 77,
12is repealed.
SB624, s. 64 13Section 64. 938.18 (7) of the statutes, as created by 1995 Wisconsin Act 77, is
14amended to read:
SB624,29,2215 938.18 (7) If the juvenile absconds and does not appear at the waiver hearing,
16the court may proceed with the waiver hearing as provided in subs. (4) to (6) in the
17juvenile's absence. If the waiver is granted, the juvenile may contest that waiver
18when the juvenile is apprehended by showing the court of criminal jurisdiction good
19cause for his or her failure to appear. If the court of criminal jurisdiction finds good
20cause for the juvenile's failure to appear, that court shall transfer jurisdiction to the
21court assigned to exercise jurisdiction under this chapter and ch. 48 for the purpose
22of holding the waiver hearing
.
SB624, s. 65 23Section 65. 938.183 (1) (a) of the statutes, as created by 1995 Wisconsin Act
2477
, is amended to read:
SB624,30,5
1938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is
2alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional
3facility, a secure detention facility, a secured child caring institution or a secured
4adolescent treatment unit under s. 46.043 or who has been adjudicated delinquent
5and has who is alleged to have committed a violation of s. 940.20 (2m).
SB624, s. 66 6Section 66. 938.183 (1) (b) of the statutes, as created by 1995 Wisconsin Act
777
, is amended to read:
SB624,30,148 938.183 (1) (b) A juvenile who is alleged to have violated any state criminal law
9if the juvenile has been convicted of a previous violation following waiver of
10jurisdiction under s. 48.18, 1993 stats., or s. 938.18 by the court assigned to exercise
11jurisdiction under this chapter and ch. 48 or if the court assigned to exercise
12jurisdiction under this chapter and ch. 48 has waived its jurisdiction over the
13juvenile for a previous violation and criminal proceedings on that previous violation
14are still pending.
SB624, s. 67 15Section 67. 938.183 (1m) of the statutes, as created by 1995 Wisconsin Act 77,
16is renumbered 938.183 (1m) (intro.) and amended to read:
SB624,30,2017 938.183 (1m) (intro.) Notwithstanding subchs. IV to VI, a juvenile described
18in sub. (1) is subject to the procedures specified in chs. 967 to 979 and the criminal
19penalties provided for the crime that the juvenile is alleged to have committed,
20unless
except as follows:
SB624,30,23 21(b) If a court of criminal jurisdiction transfers jurisdiction under s. 970.032 to
22a court assigned to exercise jurisdiction under this chapter and ch. 48, the juvenile
23is subject to the procedures and dispositions specified in subch. IV to VI
.
SB624, s. 68 24Section 68. 938.183 (1m) (a) of the statutes is created to read:
SB624,31,3
1938.183 (1m) (a) If the juvenile is under 15 years of age, the juvenile may be
2held in secure custody only in a secure detention facility or in the juvenile portion of
3a county jail.
SB624, s. 69 4Section 69. 938.183 (1m) (c) of the statutes is created to read:
SB624,31,75 938.183 (1m) (c) If the juvenile is convicted of a lesser offense and if any of the
6conditions specified in s. 938.183 (2) (a) 1. or 2. applies, the court of criminal
7jurisdiction may impose a criminal penalty or a disposition specified in s. 938.34.
SB624, s. 70 8Section 70. 938.185 (1) (c) of the statutes, as created by 1995 Wisconsin Act
977
, is amended to read:
SB624,31,1510 938.185 (1) (c) In the case of a violation of a state law or a county, town or
11municipal ordinance
, the county where the violation occurred, except that in that
12case the court of the county where the violation occurred may, after the juvenile is
13adjudged delinquent, transfer the proceeding to the county where the juvenile
14resides for disposition, if the court of the county of residence agrees to that transfer
15and the transferring court agrees to that disposition.
SB624, s. 71 16Section 71. 938.208 (1) (intro.) of the statutes, as created by 1995 Wisconsin
17Act 77
, is amended to read:
SB624,32,218 938.208 (1) (intro.) Probable cause exists to believe that the juvenile has
19committed a delinquent act and either presents a substantial risk of physical harm
20to another person or a substantial risk of running away so as to be unavailable for
21a court hearing or a revocation hearing for juveniles on aftercare supervision. For
22juveniles on aftercare supervision who have been adjudged delinquent, the
23delinquent act referred to in this section may be the act for which the juvenile was
24adjudged delinquent. If the intake worker determines that any of the following

1conditions applies, the juvenile is considered to present a substantial risk of physical
2harm to another person:
SB624, s. 72 3Section 72. 938.208 (6) of the statutes is created to read:
SB624,32,64 938.208 (6) Probable cause exists to believe that the juvenile is subject to the
5jurisdiction of the court of criminal jurisdiction under s. 938.183 (1) and is under 15
6years of age.
SB624, s. 73 7Section 73. 938.209 (3) of the statutes, as created by 1995 Wisconsin Act 77,
8is amended to read:
SB624,32,129 938.209 (3) The restrictions of this section do not apply to the use of jail for a
10juvenile who has been waived to adult court under s. 938.18 or who is under the
11jurisdiction of an adult court under s. 938.183, unless the juvenile is under the
12jurisdiction of an adult court under s. 938.183 (1) and is under 15 years of age
.
SB624, s. 74 13Section 74. 938.24 (5) of the statutes, as created by 1995 Wisconsin Act 77, is
14amended to read:
SB624,33,915 938.24 (5) The intake worker shall recommend request that a petition be filed,
16enter into a deferred prosecution agreement or close the case within 40 days or sooner
17of receipt of referral information. If the case is closed or a deferred prosecution
18agreement is entered into, the district attorney, corporation counsel or other official
19under s. 938.09 shall receive written notice of such action. In addition, if a deferred
20prosecution agreement is entered into placing a juvenile in a youth village program
21as described in s. 118.42, the judge or juvenile court commissioner shall receive
22written notice of such action and, on receipt of that notice, shall enter an order
23requiring compliance with that agreement. A notice of deferred prosecution of an
24alleged delinquency case shall include a summary of the facts surrounding the
25allegation and a list of prior intake referrals and dispositions. If a law enforcement

1officer has made a recommendation concerning the juvenile, the intake worker shall
2forward this recommendation to the district attorney under s. 938.09.
3Notwithstanding the requirements of this section, the district attorney may initiate
4a delinquency petition under s. 938.25 within 20 days after notice that the case has
5been closed or that a deferred prosecution agreement has been entered into. The
6judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any
7such petition which is not referred or filed within the time limits specified within this
8subsection. Failure to object if a petition is not referred or filed within a time limit
9specified in this subsection waives that time limit.
SB624, s. 75 10Section 75. 938.245 (2) (a) 5. b. of the statutes, as created by 1995 Wisconsin
11Act 77
, is amended to read:
SB624,33,1912 938.245 (2) (a) 5. b. In addition to any other employment or duties permitted
13under ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of
14age who is participating in a restitution project provided by the county may, for the
15purpose of making restitution, be employed or perform any duties under any
16circumstances in which a juvenile 14 or 15 years of age is permitted to be employed
17or to perform duties under ch. 103 or any rule or order under ch. 103. A juvenile who
18is participating in a restitution project provided by the county is exempt from the
19permit requirement under s. 103.70 (1).
SB624, s. 76 20Section 76. 938.245 (2g) of the statutes, as created by 1995 Wisconsin Act 77,
21is amended to read:
SB624,34,422 938.245 (2g) If the informal disposition deferred prosecution agreement is
23based on an allegation that the juvenile violated s. 943.017 and the juvenile has
24attained the minimum age at which a juvenile may be adjudicated delinquent, the
25informal disposition deferred prosecution agreement may require that the juvenile

1participate for not less than 10 hours nor more than 100 hours in a supervised work
2program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100
3hours of other community service work, except that if the juvenile has not attained
414 years of age the maximum number of hours is 40.
SB624, s. 77 5Section 77. 938.245 (4) of the statutes, as created by 1995 Wisconsin Act 77,
6is amended to read:
SB624,34,167 938.245 (4) The intake worker shall inform the juvenile and the juvenile's
8parent, guardian and legal custodian in writing of their right to request the court to
9terminate or, if the juvenile is subject to a deferred prosecution agreement under sub.
10(2) (a) 9., to request the court to terminate
the deferred prosecution agreement at any
11time or to object at any time to the fact or terms of the deferred prosecution
12agreement. If an objection arises the intake worker may alter the terms of the
13agreement or recommend to the district attorney or corporation counsel that a
14petition be filed. If the deferred prosecution agreement is terminated the intake
15worker may recommend to the district attorney or corporation counsel that a petition
16be filed.
SB624, s. 78 17Section 78. 938.245 (5) of the statutes, as created by 1995 Wisconsin Act 77,
18is amended to read:
SB624,34,2219 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8. may
20be terminated by the court upon the request of the juvenile, parent, guardian or legal
21custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated
22by the court upon the request of the juvenile, parent, guardian or legal custodian.
SB624, s. 79 23Section 79. 938.245 (7) (a) of the statutes, as created by 1995 Wisconsin Act
2477
, is amended to read:
SB624,35,12
1938.245 (7) (a) If at any time during the period of a deferred prosecution
2agreement the intake worker determines that the obligations imposed under it are
3not being met, the intake worker may cancel the deferred prosecution agreement.
4Within 10 days after the cancellation of the deferred prosecution agreement, the
5intake worker shall notify the district attorney, corporation counsel or other official
6under s. 938.09 of the cancellation and recommend whether or not a petition should
7be filed. In delinquency cases, the district attorney may initiate a petition within 20
8days after the date of the notice regardless of whether the intake worker has
9recommended that a petition be filed. The judge shall grant appropriate relief as
10provided in s. 938.315 (3) with respect to any petition which is not filed within the
11time limit specified in this subsection. Failure to object if a petition is not filed within
12the time limit specified in this subsection waives that time limit.
SB624, s. 80 13Section 80. 938.25 (2) (a) of the statutes, as created by 1995 Wisconsin Act 77,
14is amended to read:
SB624,36,1215 938.25 (2) (a) The district attorney, corporation counsel or other appropriate
16official shall file the petition, close the case, or refer the case back to intake or, with
17notice to intake, the law enforcement agency investigating the case
within 20 days
18after the date that the intake worker's recommendation request was filed. A referral
19back to intake or the law enforcement agency investigating the case may be made
20only when the district attorney, corporation counsel or other appropriate official
21decides not to file a petition or determines that further investigation is necessary.
22If the case is referred back to intake upon a decision not to file a petition, the intake
23worker shall close the case or enter into a deferred prosecution agreement within 20
24days. If the case is referred back to intake or the law enforcement agency
25investigating the case
for further investigation, the appropriate agency or person

1shall complete the investigation within 20 days. If another referral is made to the
2district attorney, corporation counsel or other appropriate official by intake or the
3law enforcement agency investigating the case
, it shall be considered a new referral
4to which the time limits of this subsection shall apply. The time limits in this
5subsection may only be extended by a judge upon a showing of good cause under s.
6938.315. If a petition is not filed within the time limitations set forth in this
7subsection and the court has not granted an extension, the petition shall be
8accompanied by a statement of reasons for the delay. The court shall grant
9appropriate relief as provided in s. 938.315 (3) with respect to a petition which is not
10filed within the time limits specified in this paragraph. Failure to object if a petition
11is not filed within the time limits specified in this paragraph waives those time
12limits.
SB624, s. 81 13Section 81. 938.25 (2) (b) of the statutes, as created by 1995 Wisconsin Act 77,
14is amended to read:
SB624,36,2515 938.25 (2) (b) In delinquency cases where there has been a case closure or
16deferred prosecution agreement, the petition shall be filed within 20 days of receipt
17of the notice of closure or deferred prosecution. Failure to file within 20 days
18invalidates the petition and affirms the case closure or deferred prosecution
19agreement, except that the court shall grant appropriate relief as provided in s.
20938.315 (3) with respect to a petition that is not filed within the time limit specified
21in this paragraph and that failure to object if a petition is not filed within the time
22limit specified in this paragraph waives that time limit
. If a petition is filed within
2320 days or the time permitted by the court under s. 938.315 (3), whichever is later,
24the district attorney shall notify the parties to the agreement and the intake worker
25as soon as possible.
SB624, s. 82
1Section 82. 938.29 (1g) of the statutes, as created by 1995 Wisconsin Act 77,
2is amended to read:
SB624,37,123 938.29 (1g) The juvenile may not request the substitution of a judge in a
4proceeding under s. 938.12 or 938.13 (12), and the juvenile and the juvenile's parent,
5guardian or legal custodian may not request the substitution of a judge in a
6proceeding under s. 938.13 (4), (6), (6m) or (7), if the judge assigned to the proceeding
7has entered a dispositional order with respect to the juvenile in a previous proceeding
8under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or (12), 1993 stats., s. 938.12 or
9938.13 (4), (6), (6m), (7) or (12) or the juvenile or the juvenile's parent, guardian or
10legal custodian has requested the substitution of a judge in a previous proceeding
11under s. 48.12, 1993 stats., s. 48.13 (4), (6), (6m), (7) or (12), 1993 stats., s. 938.12 or
12938.13 (4), (6), (6m), (7) or (12).
SB624, s. 83 13Section 83. 938.299 (1) (ar) of the statutes, as created by 1995 Wisconsin Act
1477
, is amended to read:
SB624,38,415 938.299 (1) (ar) Notwithstanding par. (a), the general public may attend any
16hearing under this chapter relating to a juvenile who has been alleged to be
17delinquent for committing a violation that would be a felony if committed by an adult
18if the juvenile has been adjudicated delinquent previously and that previous
19adjudication remains of record and unreversed or relating to a juvenile who has been
20alleged to be delinquent for committing a violation specified in s. 939.62 (2m) (a) 1.,
212. or 3. or a violation of s. 948.30 (1) or for conspiracy under s. 939.31 to commit any
22violation
s.938.34 (4h) (a), except that the court shall exclude the general public from
23a hearing if the victim of a sexual assault objects and may, in its discretion, exclude
24the general public from any portion of a hearing which deals with sensitive personal
25matters of the juvenile or the juvenile's family and which does not relate to the act

1or alleged act committed by the juvenile or from any other hearing described in this
2paragraph. If the court excludes the general public from a hearing described in this
3paragraph, only those persons who are permitted under par. (a) or (am) to attend a
4hearing from which the general public is excluded may attend.
SB624, s. 84 5Section 84. 938.299 (1) (av) of the statutes is created to read:
SB624,38,76 938.299 (1) (av) If a public hearing is held under par. (a) or (ar), any person may
7disclose to anyone any information obtained as a result of that hearing.
SB624, s. 85 8Section 85. 938.299 (1) (b) of the statutes, as created by 1995 Wisconsin Act
977
, is amended to read:
SB624,38,1410 938.299 (1) (b) Except as provided in par. (av) and s. 938.396, any person who
11divulges any information which would identify the juvenile or the family involved in
12any proceeding under this subchapter is subject to ch. 785. This paragraph does not
13preclude a victim of the juvenile's act from commencing a civil action based upon the
14juvenile's act.
SB624, s. 86 15Section 86. 938.315 (1) (dm) of the statutes is created to read:
SB624,38,1716 938.315 (1) (dm) Any period of delay resulting from court congestion or
17scheduling.
SB624, s. 87 18Section 87. 938.315 (3) of the statutes, as created by 1995 Wisconsin Act 77,
19is amended to read:
SB624,39,220 938.315 (3) Failure to comply with any time limit specified in this chapter does
21not deprive the court of personal or subject matter jurisdiction or of competency to
22exercise that jurisdiction. Failure to object to a period of delay or a continuance
23waives the time limit that is the subject of the period of delay or continuance.
If a
24party does not comply with a time limit specified in this chapter, the court may grant
25a continuance under sub. (2), dismiss the petition with or without prejudice, release

1the juvenile from secure or nonsecure custody or from the terms of a custody order
2or grant any other relief that the court considers appropriate.
SB624, s. 88 3Section 88. 938.32 (1t) (a) 2. of the statutes, as created by 1995 Wisconsin Act
477
, is amended to read:
SB624,39,125 938.32 (1t) (a) 2. In addition to any other employment or duties permitted
6under ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of
7age who is participating in a restitution project provided by the county may, for the
8purpose of making restitution under the consent decree, be employed or perform any
9duties under any circumstances in which a juvenile 14 or 15 years of age is permitted
10to be employed or to perform duties under ch. 103 or any rule or order under ch. 103.
11A juvenile who is participating in a restitution project provided by the county is
12exempt from the permit requirement under s. 103.70 (1).
SB624, s. 89 13Section 89. 938.34 (4d) of the statutes is created to read:
SB624,39,1714 938.34 (4d) Type 2 child caring institution placement. Place the juvenile in
15a Type 2 child caring institution under the supervision of the county department and
16subject to Type 2 status, as described in s. 938.539, but only if all of the following
17apply:
SB624,39,2018 (a) The juvenile has been found to be delinquent for the commission of an act
19which if committed by an adult would be punishable by a sentence of 6 months or
20more.
SB624,40,221 (b) The juvenile has been found to be a danger to the public and to be in need
22of restrictive custodial treatment. If the judge determines that any of the conditions
23specified in sub. (4m) (b) 1., 2. or 3. applies, but that placement in the serious juvenile
24offender program under sub. (4h) or in a secured correctional facility under sub. (4m)
25would not be appropriate, that determination shall be prima facie evidence that the

1juvenile is a danger to the public and in need of restrictive custodial treatment under
2this subsection.
SB624, s. 90 3Section 90. 938.34 (4h) (a) of the statutes, as created by 1995 Wisconsin Act
477
, is amended to read:
SB624,40,115 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated
6delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21,
7940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m)
8or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 or the
9juvenile is 10 years of age or over and has been adjudicated delinquent for attempting
10or committing a violation of s. 940.01 or for committing a violation of 940.02 or
11940.05.
SB624, s. 91 12Section 91. 938.34 (5) (b) of the statutes, as created by 1995 Wisconsin Act 77,
13is amended to read:
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