AB247: Bill Text

AB247,14,17 938.245 (2t) (j) 1. If a victim of the act for which the deferred prosecution agreement is entered into is paid an award under ch. 949 for any loss arising out of the act, the state is subrogated to the rights of the victim to any restitution required by the court. The rights of the state are subordinate to the claims of victims who have suffered a loss arising out of the offenses or any transaction which is part of the same continuous scheme of delinquent activity.

AB247,14,24 2. When restitution is ordered, the court shall inquire to determine if an award has been made under ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution ordered is less than or equal to the award under ch. 949, the restitution shall be paid only to the general fund. If the restitution ordered is greater than the award under ch. 949, the general fund shall receive an amount equal to the award under ch. 949 and the balance shall be paid to the victim.

AB247, s. 27 Section 27. 938.245 (3) of the statutes is amended to read:

AB247,15,8 938.245 (3) The obligations imposed under a deferred prosecution agreement and its effective date shall be set forth in writing. If the deferred prosecution agreement places the juvenile in a youth village program under sub. (2) (a) 9. (2z), the judge or juvenile court commissioner shall receive written notice that a deferred prosecution agreement has been entered into and, on receipt of that notice, shall enter an order requiring compliance with that agreement. The juvenile and a parent, guardian and legal custodian shall receive a copy of the agreement and order, as shall any agency providing services under the agreement.

AB247, s. 28 Section 28. 938.245 (4) of the statutes is amended to read:

AB247,15,18 938.245 (4) The intake worker shall inform the juvenile and the juvenile's parent, guardian and legal custodian in writing of their right to terminate or, if the juvenile is subject to a deferred prosecution agreement under sub. (2) (a) 9. (2z), to request the court to terminate the deferred prosecution agreement at any time or to object at any time to the fact or terms of the deferred prosecution agreement. If an objection arises the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the deferred prosecution agreement is terminated the intake worker may request the district attorney or corporation counsel to file a petition.

AB247, s. 29 Section 29. 938.245 (5) of the statutes is amended to read:

AB247,15,24 938.245 (5) A deferred prosecution agreement, other than a deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g) or (2v). (2z), may be terminated upon the request of the juvenile, parent, guardian or legal custodian. A deferred prosecution agreement under sub. (2) (a) 9. (2z) may be terminated by the court upon the request of the juvenile, parent, guardian or legal custodian.

AB247, s. 30 Section 30. 938.32 (1t) (a) 1., 1m. and 3. of the statutes are renumbered 938.32 (1t) (a), (am) and (c) and amended to read:

AB247,16,23 938.32 (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 or 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 or death as provided in pars. (d) to (j), either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, 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. Any consent decree that includes a condition of restitution by a juvenile shall include a finding that the juvenile alone is financially able to pay or physically able to perform the services, may allow up to the date of the expiration of the consent decree for the payment or for the completion of the services and may include a schedule for the performance and completion of the services. 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. Any recovery under this subdivision paragraph shall be reduced by the amount recovered as restitution for the same act under subd. 1m. par. (am).

AB247,17,19 (am) If the petition alleges that the juvenile has 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 or behavior of the juvenile, the judge or juvenile court commissioner may require a parent who has custody, as defined in s. 895.035 (1), of the juvenile, as a condition of the consent decree, to make reasonable restitution, subject to the limit specified in this paragraph, for the damage or, injury or death as provided in pars. (d) to (j). Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this subdivision paragraph for damage or, injury or death resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d). Any consent decree that includes a condition of restitution by a parent who has custody of the juvenile shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of the expiration of the consent decree for the payment. Objection by the parent to the amount of damages claimed shall entitle the parent to a hearing on the question of damages before the amount of restitution is made part of the consent decree. Any recovery under this subdivision paragraph shall be reduced by the amount recovered as restitution for the same act under subd. 1. par. (a).

AB247,17,23 (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 or to perform more than 40 total hours of services for the victim as restitution.

AB247, s. 31 Section 31. 938.32 (1t) (a) 2. of the statutes is renumbered 938.32 (1t) (b).

AB247, s. 32 Section 32. 938.32 (1t) (b) of the statutes is renumbered 938.32 (1u).

AB247, s. 33 Section 33. 938.32 (1t) (d) of the statutes is created to read:

AB247,18,7 938.32 (1t) (d) If the delinquent act resulted in damage to or loss or destruction of property, the consent decree may require the juvenile or the parent who has custody, as defined in s. 895.035 (1), of 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, to pay the owner or the owner's designee the reasonable repair or replacement cost of the property or the greater of the following:

AB247,18,8 1. The value of the property on the date of its damage, loss or destruction.

AB247,18,11 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.

AB247, s. 34 Section 34. 938.32 (1t) (e) of the statutes is created to read:

AB247,18,15 938.32 (1t) (e) If the delinquent act resulted in bodily injury, the consent decree may require that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile do any one or more of the following:

AB247,18,18 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.

AB247,18,20 2. Pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation.

AB247,18,22 3. Reimburse the injured person for income lost as a result of the delinquent act.

AB247,18,25 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.

AB247, s. 35 Section 35. 938.32 (1t) (f) of the statutes is created to read:

AB247,19,5 938.32 (1t) (f) If the delinquent act resulted in death, the consent decree may require that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile pay an amount equal to the cost of necessary funeral and related services under s. 895.04 (5).

AB247, s. 36 Section 36. 938.32 (1t) (g) of the statutes is created to read:

AB247,19,15 938.32 (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, or that the parent who has custody, as defined in s. 895.035 (1), of the juvenile pay an amount, not to exceed the amount specified in par. (am), 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.

AB247, s. 37 Section 37. 938.32 (1t) (h) of the statutes is created to read:

AB247,19,19 938.32 (1t) (h) In any case, the consent decree may require that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the juvenile do any one or more of the following:

AB247,19,22 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.

AB247,20,2 2. Pay to the person against whom the delinquent act was committed an amount equal to the income lost and reasonable out-of-pocket expenses incurred as a result of the filing charges or that person's cooperation in the investigation and prosecution of the delinquent act.

AB247,20,5 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.

AB247,20,7 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.

AB247, s. 38 Section 38. 938.32 (1t) (i) of the statutes is created to read:

AB247,20,10 938.32 (1t) (i) Any order under par. (h) 3. or 4. shall require that all restitution to victims be paid before restitution to other persons.

AB247, s. 39 Section 39. 938.32 (1t) (j) of the statutes is created to read:

AB247,20,17 938.32 (1t) (j) 1. If a victim of the delinquent act is paid an award under ch. 949 for any loss arising out of the delinquent act, the state is subrogated to the rights of the victim to any restitution required by the court. The rights of the state are subordinate to the claims of victims who have suffered a loss arising out of the offenses or any transaction which is part of the same continuous scheme of delinquent activity.

AB247,20,24 2. When restitution is ordered, the court shall inquire to determine if an award has been made under ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution ordered is less than or equal to the award under ch. 949, the restitution shall be paid only to the general fund. If the restitution ordered is greater than the award under ch. 949, the general fund shall receive an amount equal to the award under ch. 949 and the balance shall be paid to the victim.

AB247, s. 40 Section 40. 938.34 (5) (a) of the statutes is amended to read:

AB247,21,18 938.34 (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 or 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 or death as provided in pars. (d) to (j), either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, 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. Any such order shall include a finding that the juvenile alone is financially able to pay or physically able to perform the services, may allow up to the date of the expiration of the order for the payment or for the completion of the services and may include a schedule for the performance and completion of the services. 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. Any recovery under this paragraph shall be reduced by the amount recovered as restitution under s. 938.45 (1r) (a).

AB247, s. 41 Section 41. 938.34 (5) (d) of the statutes is created to read:

AB247,21,25 938.34 (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, to pay the owner or the owner's designee the reasonable repair or replacement cost of the property or the greater of the following:

AB247,22,1 1. The value of the property on the date of its damage, loss or destruction.

AB247,22,4 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.

AB247, s. 42 Section 42. 938.34 (5) (e) of the statutes is created to read:

AB247,22,8 938.34 (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:

AB247,22,11 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.

AB247,22,13 2. Pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation.

AB247,22,15 3. Reimburse the injured person for income lost as a result of a delinquent act considered at disposition.

AB247,22,18 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.

AB247, s. 43 Section 43. 938.34 (5) (f) of the statutes is created to read:

AB247,22,22 938.34 (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).

AB247, s. 44 Section 44. 938.34 (5) (g) of the statutes is created to read:

AB247,23,5 938.34 (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.

AB247, s. 45 Section 45. 938.34 (5) (h) of the statutes is created to read:

AB247,23,8 938.34 (5) (h) In any case, the restitution order may require that the juvenile do any one or more of the following:

AB247,23,11 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.

AB247,23,15 2. Pay to the person against whom a delinquent act considered at disposition was committed an amount equal to the income lost and reasonable out-of-pocket expenses incurred as a result of the filing of charges or that person's cooperation in the investigation and prosecution of the delinquent act.

AB247,23,20 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.

AB247,23,22 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.

AB247, s. 46 Section 46. 938.34 (5) (i) of the statutes is created to read:

AB247,23,25 938.34 (5) (i) Any order under par. (h) 3. or 4. shall require that all restitution to victims be paid before restitution to other persons.

AB247, s. 47 Section 47. 938.34 (5) (j) of the statutes is created to read:

AB247,24,7 938.34 (5) (j) 1. If a victim of the delinquent act is paid an award under ch. 949 for any loss arising out of the delinquent act, the state is subrogated to the rights of the victim to any restitution required by the court. The rights of the state are subordinate to the claims of victims who have suffered a loss arising out of the offenses or any transaction which is part of the same continuous scheme of delinquent activity.

AB247,24,14 2. When restitution is ordered, the court shall inquire to determine if an award has been made under ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution ordered is less than or equal to the award under ch. 949, the restitution shall be paid only to the general fund. If the restitution ordered is greater than the award under ch. 949, the general fund shall receive an amount equal to the award under ch. 949 and the balance shall be paid to the victim.

AB247, s. 48 Section 48. 938.343 (4) of the statutes is renumbered 938.343 (4) (a) and amended to read:

AB247,25,9 938.343 (4) (a) If the violation has resulted in damage to or loss or destruction the property of another, or in actual physical bodily injury to another excluding pain and suffering and if the court, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being or 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 as provided in pars. (d) to (g), either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, 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. Any such order requiring payment for repairs or restitution shall include a finding that the juvenile alone is financially able to pay or physically able to perform the services, may allow up to the date of the expiration of the order for the payment or for the completion of the services and may include a schedule for the performance and completion of the services. 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. Any recovery under this subsection shall be reduced by the amount recovered as restitution for the same act under s. 938.45 (1r) (a).

AB247, s. 49 Section 49. 938.343 (4) (b) of the statutes is created to read:

AB247,25,18 938.343 (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).

AB247, s. 50 Section 50. 938.343 (4) (c) of the statutes is created to read:

AB247,25,21 938.343 (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.

AB247, s. 51 Section 51. 938.343 (4) (d) of the statutes is created to read:

AB247,26,2 938.343 (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, to pay the owner or the owner's designee the reasonable repair or replacement cost of the property or the greater of the following:

AB247,26,3 1. The value of the property on the date of its damage, loss or destruction.

AB247,26,6 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.

AB247, s. 52 Section 52. 938.343 (4) (e) of the statutes is created to read:

AB247,26,9 938.343 (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:

AB247,26,12 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.

AB247,26,14 2. Pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation.

AB247,26,16 3. Reimburse the injured person for income lost as a result of a violation considered at disposition.

AB247,26,19 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.

AB247, s. 53 Section 53. 938.343 (4) (f) of the statutes is created to read:

AB247,26,22 938.343 (4) (f) In any case, the restitution order may require that the juvenile do any one or more of the following:

AB247,26,25 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.

AB247,27,4 2. Pay to the person against whom a violation considered at disposition was committed an amount equal to the income lost and reasonable out-of-pocket expenses incurred as a result of the filing of charges or that person's cooperation in the investigation and prosecution of the violation.

AB247,27,7 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.

AB247,27,9 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.

AB247, s. 54 Section 54. 938.343 (4) (g) of the statutes is created to read: