AB378: Bill Text

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.183 (2) (c) effective 9-1-96.

AB378, s. 522 Section 522. 938.20 (2) (d) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,189,5 938.20 (2) (d) If the child juvenile is a runaway, the person who took the child juvenile into custody may release the child juvenile to a home authorized under s. 48.227.

AB378, s. 523 Section 523. 938.205 (1) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,189,11 938.205 (1) (intro.) A juvenile may be held under s. 938.207, 938.208 or 938.209 if the intake worker determines that there is probable cause to believe the juvenile is within the jurisdiction of the court and if probable cause exists to believe one any of the following:

Note: Inserts preferred term.

AB378, s. 524 Section 524. 938.209 (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,189,16 938.209 Criteria for holding a juvenile in a county jail. (intro.) Subject to the provisions of s. 938.208, a county jail may be used as a secure detention facility if the criteria under either sub. (1) or (2) are met:

Note: Deletes unnecessary language.

AB378, s. 525 Section 525. 938.21 (2) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.21 (2) (ag).

Note: Makes a technical correction. This provision is not an introductory paragraph under current drafting standards.

AB378, s. 526 Section 526. 938.21 (2) (a) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.21 (2) (am).

Note: See the previous section of this bill.

AB378, s. 527 Section 527. 938.21 (2) (d) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,190,9 938.21 (2) (d) If the juvenile is not represented by counsel at the hearing and the juvenile is continued in custody as a result of the hearing, the juvenile may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold in custody be reheard. If the request is made, a rehearing shall take place as soon as may be possible. Whether or not counsel was present, any order to hold the juvenile in custody shall be subject to rehearing for good cause.

Note: Deletes unnecessary language.

AB378, s. 528 Section 528. 938.21 (3) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.21 (3) (ag).

Note: Makes a technical correction. This provision is not an introductory paragraph under current drafting standards.

AB378, s. 529 Section 529. 938.21 (3) (a) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.21 (3) (am).

Note: See the previous section of this bill.

AB378, s. 530 Section 530. 938.21 (3) (e) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,191,2 938.21 (3) (e) If the parent, guardian or legal custodian or the juvenile is not represented by counsel at the hearing and the juvenile is continued in custody as a result of the hearing, the parent, guardian, legal custodian or juvenile may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold the juvenile in custody be reheard. If the request is made, a rehearing shall take place as soon as may be possible. Any order to hold the juvenile in custody shall be subject to rehearing for good cause, whether or not counsel was present.

Note: Deletes unnecessary language.

AB378, s. 531 Section 531. 938.22 (1) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,191,9 938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of the secure detention facility and the detention section of the juvenile delinquency children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.

Note: Inserts correct term. There is no "juvenile delinquency court center".

AB378, s. 532 Section 532. 938.243 (2) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 938.243 (4).

Note: Renumbers provision for more logical placement.

AB378, s. 533 Section 533. 938.25 (4) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,191,15 938.25 (4) Section 939.74 applies to delinquency petitions filed under this subchapter chapter.

Note: An early draft of the material contained in the present ch. 938 placed that material in a single new subchapter of ch. 48. This cross-reference was not corrected when the material was created in the new ch. 938.

AB378, s. 534 Section 534. 938.273 (2) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,192,2 938.273 (2) Service of summons or notice required by this subchapter chapter may be made by any suitable person under the direction of the court. Notification of the victim or alleged victim of a juvenile's act or of a family member of a homicide victim or of an alleged homicide victim under s. 938.27 (4m) shall be made by the district attorney or corporation counsel.

Note: An early draft of the material contained in the present ch. 938 placed that material in a single new subchapter of ch. 48. This cross-reference was not corrected when the material was created in the new ch. 938.

AB378, s. 535 Section 535. 938.28 of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,192,11 938.28 Failure to obey summons; capias. If any person summoned under this subchapter chapter fails without reasonable cause to appear, he or she may be proceeded against for contempt of court. In case the summons cannot be served or the parties served fail to obey the same, or in any case when it appears to the court that the service will be ineffectual a capias may be issued for the parent, guardian and legal custodian or for the juvenile. Subchapter IV governs the taking and holding of a juvenile in custody.

Note: An early draft of the material contained in the present ch. 938 placed that material in a single new subchapter of ch. 48. This cross-reference was not corrected when the material was created in the new ch. 938.

AB378, s. 536 Section 536. 938.293 (2) of the statutes, as affected by 1995 Wisconsin Act 387, is amended to read:

AB378,193,4 938.293 (2) All records relating to a juvenile which are relevant to the subject matter of a proceeding under this subchapter chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Sections 971.23 and 972.11 (5) shall be applicable in all delinquency proceedings under this subchapter chapter, except that the court shall establish the timetable for the disclosures required under ss. 971.23 (1), (2m) and (8) and 972.11 (5).

Note: An early draft of the material contained in the present ch. 938 placed that material in a single new subchapter of ch. 48. This cross-reference was not corrected when the material was created in the new ch. 938.

AB378, s. 537 Section 537. 938.297 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,193,12 938.297 (3) Motions to suppress evidence as having been illegally seized or statements as having been illegally obtained shall be made before fact-finding on the issues. The court may entertain the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce such evidence and that party waives jeopardy. Only the juvenile may waive jeopardy in cases under s. 938.12, 938.125 or 938.13 (12).

Note: Repeats phrase for better parallel construction.

AB378, s. 538 Section 538. 938.299 (1) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,194,3 938.299 (1) (a) Except as provided in par. (ar), the general public shall be excluded from hearings under this chapter unless a public fact-finding hearing is demanded by a juvenile through his or her counsel. The court shall refuse to grant the public hearing, however, if the victim of an alleged sexual assault objects or, in a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is not held, only the parties, their counsel, witnesses, a representative of the news media who wishes to attend the hearing for the purpose of reporting news without revealing the identity of the child juvenile involved and other persons requested by a party and approved by the court may be present. Any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar, may be admitted by the court.

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 539 Section 539. 938.299 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read:

AB378,194,10 938.299 (1) (b) Except as provided in par. (av) and s. 938.396, any person who divulges any information which would identify the juvenile or the family involved in any proceeding under this subchapter chapter is subject to ch. 785. This paragraph does not preclude a victim of the juvenile's act from commencing a civil action based upon the juvenile's act.

Note: An early draft of the material contained in the present ch. 938 placed that material in a single new subchapter of ch. 48. This cross-reference was not corrected when the material was created in the new ch. 938.

AB378, s. 540 Section 540. 938.299 (6) (a) of the statutes, as affected by 1995 Wisconsin Act 275, is amended to read:

AB378,194,16 938.299 (6) (a) The court shall refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the juvenile.

Note: 1995 Wisconsin Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

AB378, s. 541 Section 541. 938.299 (6) (e) 4. of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,195,2 938.299 (6) (e) 4. If the genetic tests show that an alleged father is not excluded and that the statistical probability that the alleged father is the child's juvenile's biological father is 99.0% or higher, the court may determine that for purposes of a proceeding under this chapter or ch. 48, other than a proceeding under subch. VIII of ch. 48, the man is the juvenile's biological parent.

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 542 Section 542. 938.299 (7) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

AB378,195,12 938.299 (7) If a man who has been given notice under s. 938.27 (3) (b) 1. appears at any hearing for which he received the notice but does not allege that he is the father of the juvenile and state that he wishes to establish the paternity of the juvenile or if no man to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the juvenile.

Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

AB378, s. 543 Section 543. 938.30 (1) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,196,3 938.30 (1) Except as provided in this subsection, the hearing to determine the juvenile's plea to a citation or a petition under s. 938.12, 938.125 or 938.13 (12), or to determine whether any party wishes to contest an allegation that the child juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14) shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody or within 10 days after the filing of a petition or issuance of a citation for a juvenile who is being held in secure custody. In a municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01 (4), the hearing to determine the juvenile's plea shall take place within 45 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody.

Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.

AB378, s. 544 Section 544. 938.30 (5) (c) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,196,10 938.30 (5) (c) 1. If the court finds that there is probable cause to believe that the juvenile meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the county department under s. 46.215, 46.22, or 46.23 or 46.215 in the county of the juvenile's residence or the district attorney or corporation counsel who filed the petition under s. 938.12 or 938.13 (12) to file a petition under s. 51.20 (1).

Note: Reorders cross-references consistent with current style.

AB378, s. 545 Section 545. 938.30 (5) (d) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,196,17 938.30 (5) (d) 1. If the court finds that there is probable cause to believe that the juvenile meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the county department under s. 46.215, 46.22, or 46.23 or 46.215 in the county of the juvenile's residence or the district attorney or corporation counsel who filed the petition under s. 938.12 or 938.13 (12) to file a petition under s. 51.20 (1).

Note: Reorders cross-references consistent with current style.

AB378, s. 546 Section 546. 938.30 (6) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,197,13 938.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from the department of health and family services (DHFS) to the department of industry, labor and job development (DILJD).

AB378, s. 547 Section 547. 938.31 (7) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,198,7 938.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD.

AB378, s. 548 Section 548. 938.33 (3) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,198,12 938.33 (3) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee under s. 59.07 (97) 59.53 (5) for the establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5).

AB378, s. 549 Section 549. 938.33 (4) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,198,17 938.33 (4) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee under s. 59.07 (97) 59.53 (5) for the establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5).

AB378, s. 550 Section 550. 938.33 (4m) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,198,20 938.33 (4m) (a) Its recommendation for juvenile child support.

Note: Inserts correct term.

AB378, s. 551 Section 551. 938.34 (3) (f) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,199,6 938.34 (3) (f) (intro.) A secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule, or in a place of nonsecure custody designated by the court, subject to all of the following:

Note: "Department" is defined as the department of corrections in ch. 938.

AB378, s. 552 Section 552. 938.34 (7d) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,199,11 938.34 (7d) (a) 1. A nonresidential educational program, including a program for juveniles children at risk under s. 118.153, provided by the school district in which the juvenile resides.

Note: Inserts correct term.

AB378, s. 553 Section 553. 938.34 (8) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read: