AB455: Bill Text

AB455,8,18 938.245 (2t) (f) If the act for which the deferred prosecution agreement is entered into has resulted in death, the deferred prosecution agreement may require that the juvenile pay an amount equal to the cost of necessary funeral and related services under s. 895.04 (5).

AB455, s. 16 Section 16. 938.245 (2t) (g) of the statutes is created to read:

AB455,9,2 973.20 (2t) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the deferred prosecution agreement may require that the juvenile pay an amount, not to exceed $10,000, equal to the cost of necessary professional services relating to psychiatric and psychological care and treatment. The $10,000 limit under this paragraph does not apply to the amount of any restitution agreed to under par. (e) or (h) for the cost of necessary professional services relating to psychiatric and psychological care and treatment.

AB455, s. 17 Section 17. 938.245 (2t) (h) of the statutes is created to read:

AB455,9,5 938.245 (2t) (h) In any case, the deferred prosecution agreement may require that the juvenile do any one or more of the following:

AB455,9,9 1. Pay all special damages, but not general damages, substantiated by evidence in the record, which could be recovered in a civil action against the juvenile for his or her conduct in the commission of the act for which the deferred prosecution agreement is entered into.

AB455,9,13 2. Pay an amount equal to the income lost, and reasonable out-of-pocket expenses incurred, by the person against whom the act for which the deferred prosecution agreement is entered into was committed resulting from cooperating in the investigation and prosecution of the act.

AB455,9,16 3. Reimburse any person or agency for amounts paid as rewards for information leading to the apprehension of the juvenile for the act for which the deferred prosecution agreement is entered into.

AB455,9,18 4. If justice so requires, reimburse any insurer, surety or other person who has compensated a victim for a loss otherwise compensable under this subsection.

AB455, s. 18 Section 18. 938.245 (5) of the statutes is amended to read:

AB455,9,24 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., 2. or 6., (2d), (2f), (2g), (2m), (2t) or (2x) may be terminated upon the request of the juvenile, parent, guardian or legal custodian. A deferred prosecution agreement under sub. (2) (a) 9. may be terminated by the court upon the request of the juvenile, parent, guardian or legal custodian.

AB455, s. 19 Section 19. 938.32 (1t) (a) 1. and 3. of the statutes are renumbered 938.32 (1t) (a) and (c) and amended to read:

AB455,10,18 938.32 (1t) (a) Subject to subd. 3., if If the petition alleges that the juvenile committed a delinquent act that has resulted in damage to or loss or destruction of the property of another, or in actual physical in bodily injury to another excluding pain and suffering or in death and if the judge or juvenile court commissioner, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile, the judge or juvenile court commissioner may require the juvenile, as a condition of the consent decree, to repair the damage to property or, subject to par. (c), to make reasonable restitution for the damage or, injury if the judge or juvenile court commissioner, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile or death as provided in pars. (d) to (h). Any consent decree that includes a condition of restitution shall include a finding that the juvenile alone is financially able to pay and may allow up to the date of the expiration of the consent decree for the payment. Objection by the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing on the question of damages before the amount of restitution is made part of the consent decree.

AB455,10,21 (c) Under this paragraph subsection, a judge or juvenile court commissioner may not order a juvenile who is under 14 years of age to make more than $250 in restitution.

AB455, s. 20 Section 20. 938.32 (1t) (a) 2. of the statutes is renumbered 938.32 (1t) (b).

AB455, s. 21 Section 21. 938.32 (1t) (b) of the statutes is renumbered 938.32 (1v).

AB455, s. 22 Section 22. 938.32 (1t) (d) of the statutes is created to read:

AB455,11,5 938.32 (1t) (d) If the delinquent act resulted in damage to or loss or destruction of property, the consent decree may require the juvenile to return the property to the owner or the owner's designee or, if return of the property is impossible, impractical or inadequate, pay the owner or the owner's designee the reasonable repair or replacement cost of the property or the greater of the following:

AB455,11,6 1. The value of the property on the date of its damage, loss or destruction.

AB455,11,9 2. The value of the property on the date of the consent decree, less the value of any part of the property returned as of the date of its return. The value of any retail merchandise shall be its retail value.

AB455, s. 23 Section 23. 938.32 (1t) (e) of the statutes is created to read:

AB455,11,12 938.32 (1t) (e) If the delinquent act resulted in bodily injury, the consent decree may require that the juvenile do any one or more of the following:

AB455,11,15 1. Pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric and psychological care and treatment.

AB455,11,17 2. Pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation.

AB455,11,19 3. Reimburse the injured person for income lost as a result of the delinquent act.

AB455,11,22 4. If the injured person's sole employment at the time of the injury was performing the duties of a homemaker, pay an amount sufficient to ensure that the duties are continued until the person is able to resume performance of the duties.

AB455, s. 24 Section 24. 938.32 (1t) (f) of the statutes is created to read:

AB455,12,3 938.32 (1t) (f) If the delinquent act resulted in death, the consent decree may require that the juvenile pay an amount equal to the cost of necessary funeral and related services under s. 895.04 (5).

AB455, s. 25 Section 25. 938.32 (1t) (g) of the statutes is created to read:

AB455,12,11 938.32 (1t) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the consent decree may require that the juvenile pay an amount, not to exceed $10,000, equal to the cost of necessary professional services relating to psychiatric and psychological care and treatment. The $10,000 limit under this paragraph does not apply to the amount of any restitution ordered under par. (e) or (h) for the cost of necessary professional services relating to psychiatric and psychological care and treatment.

AB455, s. 26 Section 26. 938.32 (1t) (h) of the statutes is created to read:

AB455,12,14 938.32 (1t) (h) In any case, the consent decree may require that the juvenile do any one or more of the following:

AB455,12,17 1. Pay all special damages, but not general damages, substantiated by evidence in the record, which could be recovered in a civil action against the juvenile for his or her conduct in the commission of the delinquent act.

AB455,12,21 2. Pay an amount equal to the income lost, and reasonable out-of-pocket expenses incurred, by the person against whom the delinquent act was committed resulting from the filing of charges or cooperating in the investigation and prosecution of the delinquent act.

AB455,12,24 3. Reimburse any person or agency for amounts paid as rewards for information leading to the apprehension or successful prosecution of the juvenile for the delinquent act.

AB455,13,2 4. If justice so requires, reimburse any insurer, surety or other person who has compensated a victim for a loss otherwise compensable under this subsection.

AB455, s. 27 Section 27. 938.34 (5) (a) of the statutes is amended to read:

AB455,13,17 938.34 (5) (a) Subject to par. (c), if If the juvenile is found to have committed a delinquent act which has resulted in damage to or loss or destruction of the property of another, or actual physical in bodily injury to another excluding pain and suffering, or in death and if the court, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile, the court may order the juvenile to repair the damage to property or, subject to par. (c), to make reasonable restitution for the damage or, injury if the court, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile or death as provided in pars. (d) to (h). Any such order shall include a finding that the juvenile alone is financially able to pay and may allow up to the date of the expiration of the order for the payment. Objection by the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing on the question of damages before the amount of restitution is ordered.

AB455, s. 28 Section 28. 938.34 (5) (d) of the statutes is created to read:

AB455,13,24 938.34 (5) (d) If a delinquent act considered at disposition resulted in damage to or loss or destruction of property, the restitution order may require the juvenile to return the property to the owner or the owner's designee or, if return of the property is impossible, impractical or inadequate, pay the owner or the owner's designee the reasonable repair or replacement cost of the property or the greater of the following:

AB455,13,25 1. The value of the property on the date of its damage, loss or destruction.

AB455,14,3 2. The value of the property on the date of disposition, less the value of any part of the property returned as of the date of its return. The value of any retail merchandise shall be its retail value.

AB455, s. 29 Section 29. 938.34 (5) (e) of the statutes is created to read:

AB455,14,7 938.34 (5) (e) If a delinquent act considered at disposition resulted in bodily injury, the restitution order may require that the juvenile do any one or more of the following:

AB455,14,10 1. Pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric and psychological care and treatment.

AB455,14,12 2. Pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation.

AB455,14,14 3. Reimburse the injured person for income lost as a result of a delinquent act considered at disposition.

AB455,14,17 4. If the injured person's sole employment at the time of the injury was performing the duties of a homemaker, pay an amount sufficient to ensure that the duties are continued until the person is able to resume performance of the duties.

AB455, s. 30 Section 30. 938.34 (5) (f) of the statutes is created to read:

AB455,14,21 938.34 (5) (f) If a delinquent act considered at disposition resulted in death, the restitution order may require that the juvenile pay an amount equal to the cost of necessary funeral and related services under s. 895.04 (5).

AB455, s. 31 Section 31. 938.34 (5) (g) of the statutes is created to read:

AB455,15,4 938.34 (5) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the restitution order may require that the juvenile pay an amount, not to exceed $10,000, equal to the cost of necessary professional services relating to psychiatric and psychological care and treatment. The $10,000 limit under this paragraph does not apply to the amount of any restitution ordered under par. (e) or (h) for the cost of necessary professional services relating to psychiatric and psychological care and treatment.

AB455, s. 32 Section 32. 938.34 (5) (h) of the statutes is created to read:

AB455,15,7 938.34 (5) (h) In any case, the restitution order may require that the juvenile do any one or more of the following:

AB455,15,10 1. Pay all special damages, but not general damages, substantiated by evidence in the record, which could be recovered in a civil action against the juvenile for his or her conduct in the commission of a delinquent act considered at disposition.

AB455,15,14 2. Pay an amount equal to the income lost, and reasonable out-of-pocket expenses incurred, by the person against whom a delinquent act considered at disposition was committed resulting from the filing of charges or cooperating in the investigation and prosecution of the delinquent act.

AB455,15,19 3. Reimburse any person or agency for amounts paid as rewards for information leading to the apprehension or successful prosecution of the juvenile for a delinquent act for which the juvenile was adjudicated delinquent or to the apprehension or prosecution of the juvenile for a delinquent act that was read into the record and dismissed at the time of adjudication.

AB455,15,21 4. If justice so requires, reimburse any insurer, surety or other person who has compensated a victim for a loss otherwise compensable under this subsection.

AB455, s. 33 Section 33. 938.343 (4) of the statutes is renumbered 938.343 (4) (a) and amended to read:

AB455,16,12 938.343 (4) (a) If the violation has resulted in damage to or loss or destruction of the property of another, or in actual physical in bodily injury to another excluding pain and suffering or in death and if the court, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile, the court may order the juvenile to make repairs of the damage to property or, subject to par. (c), to make reasonable restitution for the damage or, injury if the court, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile or death as provided in pars. (d) to (g). Any such order requiring payment for repairs or restitution shall include a finding that the juvenile alone is financially able to pay and may allow up to the date of the expiration of the order for the payment. Objection by the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing on the question of damages before the amount of restitution is ordered.

AB455, s. 34 Section 34. 938.343 (4) (b) of the statutes is created to read:

AB455,16,21 938.343 (4) (b) In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile under 14 years of age who is participating in a restitution project provided by the county may, for the purpose of making restitution ordered by the court under this subsection, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or perform duties under ch. 103 or any rule or order under ch. 103. A juvenile who is participating in a restitution project provided by the county is exempt from the permit requirement under s. 103.70 (1).

AB455, s. 35 Section 35. 938.343 (4) (c) of the statutes is created to read:

AB455,16,24 938.343 (4) (c) Under this subsection, a court may not order a juvenile who is under 14 years of age to make more than $250 in restitution.

AB455, s. 36 Section 36. 938.343 (4) (d) of the statutes is created to read:

AB455,17,5 938.343 (4) (d) If the violation resulted in damage to or loss or destruction of property, the restitution order may require the juvenile to return the property to the owner or the owner's designee or, if return of the property is impossible, impractical or inadequate, pay the owner or the owner's designee the reasonable repair or replacement cost of the property or the greater of the following:

AB455,17,6 1. The value of the property on the date of its damage, loss or destruction.

AB455,17,9 2. The value of the property on the date of disposition, less the value of any part of the property returned as of the date of its return. The value of any retail merchandise shall be its retail value.

AB455, s. 37 Section 37. 938.343 (4) (e) of the statutes is created to read:

AB455,17,12 938.343 (4) (e) If the violation resulted in bodily injury, the restitution order may require that the juvenile do any one or more of the following:

AB455,17,15 1. Pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric and psychological care and treatment.

AB455,17,17 2. Pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation.

AB455,17,19 3. Reimburse the injured person for income lost as a result of a violation considered at disposition.

AB455,17,22 4. If the injured person's sole employment at the time of the injury was performing the duties of a homemaker, pay an amount sufficient to ensure that the duties are continued until the person is able to resume performance of the duties.

AB455, s. 38 Section 38. 938.343 (4) (f) of the statutes is created to read:

AB455,18,3 938.343 (4) (f) If the violation resulted in death, the restitution order may require that the juvenile pay an amount equal to the cost of necessary funeral and related services under s. 895.04 (5).

AB455, s. 39 Section 39. 938.343 (4) (g) of the statutes is created to read:

AB455,18,6 938.343 (4) (g) In any case, the restitution order may require that the juvenile do any one or more of the following:

AB455,18,9 1. Pay all special damages, but not general damages, substantiated by evidence in the record, which could be recovered in a civil action against the juvenile for his or her conduct in the commission of a violation considered at disposition.

AB455,18,13 2. Pay an amount equal to the income lost, and reasonable out-of-pocket expenses incurred, by the person against whom a violation considered at disposition was committed resulting from the filing of charges or cooperating in the investigation and prosecution of the violation.

AB455,18,16 3. Reimburse any person or agency for amounts paid as rewards for information leading to the apprehension or successful prosecution of the juvenile for the violation.

AB455,18,18 4. If justice so requires, reimburse any insurer, surety or other person who has compensated a victim for a loss otherwise compensable under this subsection.

AB455, s. 40 Section 40. 938.547 (4) of the statutes is amended to read:

AB455,19,2 938.547 (4) Assessment criteria. The uniform alcohol and other drug abuse assessment criteria that the department developed shall be used in the pilot program under ss. 938.245 (2) (a) 3. (2f), 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g). An approved treatment facility that assesses a person under ss. 938.245 (2) (a) 3. (2f), 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.

AB455, s. 41 Section 41. Initial applicability.

AB455,19,5 (1) This act first applies to delinquent acts and civil law or ordinance violations committed on the effective date of this subsection.

AB455,19,6 (End)