AB380: Bill Text

AB380, s. 322 Section 322. 938.208 (4) of the statutes is amended to read:

AB380,113,21 938.208 (4) Probable cause exists to believe that the juvenile, having been placed in nonsecure custody by an intake worker under s. 938.207 or by the judge or juvenile circuit court commissioner under s. 938.21 (4), has run away or committed a delinquent act and no other suitable alternative exists.

AB380, s. 323 Section 323. 938.21 (1) (a) of the statutes is amended to read:

AB380,114,10 938.21 (1) (a) If a juvenile who has been taken into custody is not released under s. 938.20, a hearing to determine whether the juvenile shall continue to be held in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the judge or juvenile a circuit court commissioner within 24 hours after the end of the day that the decision to hold the juvenile was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 938.25 shall be filed, except that no petition need be filed where a juvenile is taken into custody under s. 938.19 (1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state, in which case a written statement of the reasons for holding a juvenile in custody shall be substituted if the petition is not filed. If no hearing has been held within 24 hours or if no petition or statement has been filed at the time of the hearing, the juvenile shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request.

AB380, s. 324 Section 324. 938.21 (1) (b) of the statutes is amended to read:

AB380,114,23 938.21 (1) (b) If no petition has been filed by the time of the hearing, a juvenile may be held in custody with the approval of the judge or juvenile circuit court commissioner for an additional 48 hours from the time of the hearing only if, as a result of the facts brought forth at the hearing, the judge or juvenile circuit court commissioner determines that probable cause exists to believe that the juvenile is an imminent danger to himself or herself or to others, or that probable cause exists to believe that the parent, guardian or legal custodian of the juvenile or other responsible adult is neglecting, refusing, unable or unavailable to provide adequate supervision and care. The extension may be granted only once for any petition. In the event of failure to file a petition within the 48-hour extension period provided for in this paragraph, the judge or juvenile circuit court commissioner shall order the juvenile's immediate release from custody.

AB380, s. 325 Section 325. 938.21 (2) (c) of the statutes is amended to read:

AB380,115,8 938.21 (2) (c) Prior to the commencement of the hearing, the juvenile shall be informed by the judge or juvenile circuit court commissioner of the allegations that have been or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the provisions of s. 938.18 if applicable, the right to counsel under s. 938.23 regardless of ability to pay if the juvenile is not yet represented by counsel, the right to remain silent, the fact that the silence may not be adversely considered by the judge or juvenile circuit court commissioner, the right to confront and cross-examine witnesses and the right to present witnesses.

AB380, s. 326 Section 326. 938.21 (4) (intro.) of the statutes is amended to read:

AB380,115,12 938.21 (4) (intro.) If the judge or juvenile circuit court commissioner finds that the juvenile should be continued in custody under the criteria of s. 938.205, he or she shall enter one of the following orders:

AB380, s. 327 Section 327. 938.21 (4m) of the statutes is amended to read:

AB380,115,16 938.21 (4m) Electronic monitoring. The judge or juvenile circuit court commissioner may include in an order under sub. (4) (a) or (b) a condition that the juvenile be monitored by an electronic monitoring system.

AB380, s. 328 Section 328. 938.21 (7) of the statutes is amended to read:

AB380,115,22 938.21 (7) Deferred prosecution. If the judge or juvenile circuit court commissioner determines that the best interests of the juvenile and the public are served, he or she may enter a consent decree under s. 938.32 or order the petition dismissed and refer the matter to the intake worker for deferred prosecution in accordance with s. 938.245.

AB380, s. 329 Section 329. 938.24 (5) of the statutes is amended to read:

AB380,116,21 938.24 (5) The intake worker shall request that a petition be filed, enter into a deferred prosecution agreement or close the case within 40 days or sooner of receipt of referral information. Before entering into a deferred prosecution agreement, the intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed or a deferred prosecution agreement is entered into, the district attorney, corporation counsel or other official under s. 938.09 shall receive written notice of such action. If the case is closed, the known victims of the juvenile's alleged act shall receive notice as provided under sub. (5m), if applicable. In addition, if a deferred prosecution agreement is entered into placing a juvenile in a youth village program as described in s. 118.42, the judge or juvenile circuit court commissioner shall receive written notice of such action and, on receipt of that notice, shall enter an order requiring compliance with that agreement. A notice of deferred prosecution of an alleged delinquency case shall include a summary of the facts surrounding the allegation and a list of prior intake referrals and dispositions. If a law enforcement officer has made a recommendation concerning the juvenile, the intake worker shall forward this recommendation to the district attorney under s. 938.09. Notwithstanding the requirements of this section, the district attorney may initiate a delinquency petition under s. 938.25 within 20 days after notice that the case has been closed or that a deferred prosecution agreement has been entered into. The judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any such petition which is not referred or filed within the time limits specified within this subsection. Failure to object if a petition is not referred or filed within a time limit specified in this subsection waives that time limit.

AB380, s. 330 Section 330. 938.245 (3) of the statutes is amended to read:

AB380,117,5 938.245 (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., the judge or juvenile circuit 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.

AB380, s. 331 Section 331. 938.30 (9) of the statutes is amended to read:

AB380,117,10 938.30 (9) If a circuit court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 938.12 or 938.13, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquires set forth in sub. (8).

AB380, s. 332 Section 332. 938.32 (1) (a) of the statutes is amended to read:

AB380,117,23 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile circuit court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement or in a youth village program as described in s. 118.42. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

AB380, s. 333 Section 333. 938.32 (1d) of the statutes is amended to read:

AB380,118,11 938.32 (1d) If the petition alleges that the juvenile has committed an act that would constitute a misdemeanor if committed by an adult, if the chief judge of the judicial administrative district has approved under s. 973.11 (2) a volunteers in probation program established in the juvenile's county of residence and if the judge or juvenile circuit court commissioner determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community, the judge or juvenile circuit court commissioner may establish as a condition under sub. (1) that the juvenile be placed with that volunteers in probation program under such conditions as the judge or juvenile circuit court commissioner determines are reasonable and appropriate. These conditions may include, but need not be limited to, any of the following:

AB380,118,14 (a) A directive to a volunteer to provide for the juvenile a role model, informal counseling, general monitoring and monitoring of the conditions established by the judge or juvenile circuit court commissioner, or any combination of these functions.

AB380,118,16 (b) Any other conditions that the judge or juvenile circuit court commissioner may establish under this section.

AB380, s. 334 Section 334. 938.32 (1g) (intro.) of the statutes is amended to read:

AB380,118,23 938.32 (1g) (intro.) If the petition alleges that the juvenile committed a violation specified under ch. 961 and if the multidisciplinary screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family and social effects, the judge or juvenile circuit court commissioner may establish as a condition under sub. (1) any of the following:

AB380, s. 335 Section 335. 938.32 (1m) (intro.) and (a) of the statutes are amended to read:

AB380,119,3 938.32 (1m) The judge or juvenile circuit court commissioner may establish as a condition under sub. (1) that the juvenile be placed in a teen court program if all of the following conditions apply:

AB380,119,7 (a) The chief judge of the judicial administrative district has approved a teen court program established in the juvenile's county of residence and the judge or juvenile circuit court commissioner determines that participation in the teen court program will likely benefit the juvenile and the community.

AB380, s. 336 Section 336. 938.32 (1t) (a) 1. of the statutes is amended to read:

AB380,120,2 938.32 (1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile committed a delinquent act that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the judge or juvenile circuit court commissioner may require the juvenile as a condition of the consent decree, to repair the damage to property or to make reasonable restitution for the damage or injury, 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 circuit 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 shall be reduced by the amount recovered as restitution for the same act under subd. 1m.

AB380, s. 337 Section 337. 938.32 (1t) (a) 1m. of the statutes is amended to read:

AB380,120,20 938.32 (1t) (a) 1m. If the petition alleges that the juvenile has committed a delinquent act that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the judge or juvenile circuit 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 for the damage or injury. Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this subdivision for damage or injury 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 shall be reduced by the amount recovered as restitution for the same act under subd. 1.

AB380, s. 338 Section 338. 938.32 (1t) (a) 3. of the statutes is amended to read:

AB380,120,25 938.32 (1t) (a) 3. Under this paragraph, a judge or juvenile circuit 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.

AB380, s. 339 Section 339. 938.32 (1v) of the statutes is amended to read:

AB380,121,5 938.32 (1v) If the petition alleges that the juvenile is in need of protection or services under s. 938.13 (6), the judge or juvenile circuit court commissioner may establish as a condition under sub. (1) that the juvenile's parent, guardian or legal custodian attend school with the juvenile.

AB380, s. 340 Section 340. 938.32 (1x) of the statutes is amended to read:

AB380,121,14 938.32 (1x) If the petition alleges that the juvenile violated s. 943.017 and the juvenile has attained the minimum age at which a juvenile may be adjudicated delinquent, the judge or juvenile circuit court commissioner may require, as a condition of the consent decree, that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is 40.

AB380, s. 341 Section 341. 938.32 (2) (a) of the statutes is amended to read:

AB380,121,18 938.32 (2) (a) A consent decree shall remain in effect for up to one year unless the juvenile, parent, guardian or legal custodian is discharged sooner by the judge or juvenile circuit court commissioner.

AB380, s. 342 Section 342. 938.32 (6) of the statutes is amended to read:

AB380,121,24 938.32 (6) The judge or juvenile circuit court commissioner shall inform the juvenile and the juvenile's parent, guardian or legal custodian, in writing, of the juvenile's right to object to the continuation of the consent decree under sub. (3) and of the fact that the hearing under which the juvenile was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB380, s. 343 Section 343. 940.203 (1) (b) of the statutes is amended to read:

AB380,122,4 940.203 (1) (b) "Judge" means a supreme court justice, court of appeals judge, circuit court judge, municipal judge, temporary or permanent reserve judge or juvenile, probate, family or other circuit, supplemental or municipal court commissioner.

AB380, s. 344 Section 344. 943.013 (1) (b) of the statutes is amended to read:

AB380,122,9 943.013 (1) (b) "Judge" means a supreme court justice, court of appeals judge, circuit court judge, municipal judge, temporary or permanent reserve judge or juvenile, probate, family or other circuit, supplemental or municipal court commissioner.

AB380, s. 345 Section 345. 946.495 of the statutes is amended to read:

AB380,122,18 946.495 Violation of nonsecure custody order. If a person has been placed in nonsecure custody by an intake worker under s. 938.207 or by a judge or juvenile circuit court commissioner under s. 938.21 (4) and the person is alleged to be delinquent under s. 938.12, alleged to be in need of protection or services under s. 938.13 (12) or has been taken into custody for committing an act that is a violation of a state or federal criminal law, the person is guilty of a Class A misdemeanor if he or she intentionally fails to comply with the conditions of his or her placement in nonsecure custody.

AB380, s. 346 Section 346. 967.07 of the statutes is amended to read:

AB380,122,22 967.07 Court Circuit court commissioners. A circuit court commissioner may exercise powers or perform duties specified for a judge if such action is permitted under s. 757.69.

AB380, s. 347 Section 347. 971.20 (3) (a) of the statutes is amended to read:

AB380,122,25 971.20 (3) (a) In this subsection, "judge" includes a circuit court commissioner who is assigned to conduct the preliminary examination.

AB380, s. 348 Section 348. 973.20 (13) (c) 4. of the statutes is amended to read:

AB380,123,10 973.20 (13) (c) 4. Refer the disputed restitution issues to a circuit court commissioner or other appropriate referee, who shall conduct a hearing on the matter and submit the record thereof, together with proposed findings of fact and conclusions of law, to the court within 60 days of the date of referral. Within 30 days after the referee's report is filed, the court shall determine the amount of restitution on the basis of the record submitted by the referee and incorporate it into the sentence or probation order imposed. The judge may direct that hearings under this subdivision be recorded either by audio recorder or by a court reporter. A transcript is not required unless ordered by the judge.

AB380, s. 349 Section 349. 977.05 (6) (b) 2. of the statutes is amended to read:

AB380,123,14 977.05 (6) (b) 2. The judge or family circuit court commissioner before whom the proceedings shall be held certifies to the state public defender that the person will not be incarcerated if he or she is found in contempt of court.

AB380, s. 350 Section 350. 979.05 (1) of the statutes is amended to read:

AB380,123,17 979.05 (1) An inquest shall be conducted by a circuit judge or a circuit court commissioner.

AB380, s. 351 Section 351. 979.05 (2) of the statutes is repealed and recreated to read:

AB380,124,10 979.05 (2) The inquest shall be conducted before a jury unless the district attorney, coroner or medical examiner requests that the inquest be conducted before the judge or circuit court commissioner only. If the inquest is to be conducted before a jury, a sufficient number of names of prospective jurors shall be selected from the prospective juror list for the county in which the inquest is to be held by the clerk of circuit court in the manner provided in s. 756.06. The judge or circuit court commissioner conducting the inquest shall summon the prospective jurors to appear before the judge or circuit court commissioner at the time fixed in the summons. The summons may be served by mail, or by personal service if the judge, circuit court commissioner or district attorney determines personal service to be appropriate. The summons shall be in the form used to summon petit jurors in the circuit courts of the county. Any person who fails to appear when summoned as an inquest juror is subject to a forfeiture of not more than $40. The inquest jury shall consist of 6 jurors. If 6 jurors do not remain from the number originally summoned after establishment of qualifications, the judge or circuit court commissioner conducting the inquest may require the clerk of the circuit court to select sufficient additional jurors' names. Those persons shall be summoned forthwith by the sheriff of the county.

AB380, s. 352 Section 352. 979.05 (3) of the statutes is repealed and recreated to read:

AB380,124,24 979.05 (3) The judge or circuit court commissioner shall examine on oath or affirmation each person who is called as a juror to discover whether the juror is related by blood or marriage to the decedent, any member of the decedent's family, the district attorney, any other attorney appearing in the case, any members of the office of the district attorney or any other attorney appearing in the case or has expressed or formed any opinion regarding the matters being inquired into or is aware of or has any bias or prejudice concerning the matters being inquired into in the inquest. If any prospective juror is found to be not indifferent or is found to have formed an opinion which cannot be laid aside, that juror shall be excused. The judge or circuit court commissioner may select one or more alternate jurors if the inquest is likely to be protracted. This subsection does not limit the right of the district attorney to supplement the judge's or circuit court commissioner's examination of any prospective jurors as to qualifications.

AB380, s. 353 Section 353. 979.05 (4) of the statutes is amended to read:

AB380,125,3 979.05 (4) When 6 jurors have been selected, the judge or circuit court commissioner shall administer to them an oath or affirmation which shall be substantially in the following form:

AB380,125,9 You do solemnly swear (affirm) that you will diligently inquire and determine on behalf of this state when, and in what manner and by what means, the person known as .... .... who is now dead came to his or her death and that you will return a true verdict thereon according to your knowledge, according to the evidence presented and according to the instructions given to you by the .... (judge) (circuit court commissioner).

AB380, s. 354 Section 354. 979.05 (5) of the statutes is amended to read:

AB380,125,17 979.05 (5) Prior to the submission of evidence to the jury, the judge or circuit court commissioner may instruct the jury on its duties and on the substantive law regarding the issues which may be inquired into before the jury. The district attorney may, at any time during the course of the inquest, make statements to the jury relating to procedural or evidentiary matters he or she and the judge or circuit court commissioner deem appropriate. Section 972.12 applies to the conduct of the inquest jury.

AB380, s. 355 Section 355. 979.05 (6) of the statutes is amended to read:

AB380,125,20 979.05 (6) The judge or circuit court commissioner conducting the inquest may order that proceedings be secret if the district attorney so requests or concurs.

AB380, s. 356 Section 356. 979.06 (1) of the statutes is amended to read:

AB380,126,2 979.06 (1) The judge or circuit court commissioner may issue subpoenas for witnesses at the request of the coroner or medical examiner and shall issue subpoenas for witnesses requested by the district attorney. Subpoenas are returnable at the time and place stated therein. Persons who are served with a subpoena may be compelled to attend proceedings in the manner provided in s. 885.12.

AB380, s. 357 Section 357. 979.06 (2) of the statutes is amended to read:

AB380,126,11 979.06 (2) The judge or circuit court commissioner conducting the inquest and the district attorney may require by subpoena the attendance of one or more expert witnesses, including physicians, surgeons and pathologists, for the purposes of conducting an examination of the body and all relevant and material scientific and medical tests connected with the examination and testifying as to the results of the examination and tests. The expert witnesses so subpoenaed shall receive reasonable fees determined by the district attorney and the judge or circuit court commissioner conducting the inquest.

AB380, s. 358 Section 358. 979.06 (3) of the statutes is amended to read:

AB380,126,16 979.06 (3) Any witness examined at an inquest may have counsel present during the examination of that witness. The counsel may not examine or cross-examine his or her client, cross-examine or call other witnesses or argue before the judge or circuit court commissioner holding the inquest.

AB380, s. 359 Section 359. 979.06 (4) (intro.) of the statutes is amended to read:

AB380,126,20 979.06 (4) (intro.) The judge or circuit court commissioner shall administer an oath or affirmation to each witness which shall be substantially in the following form:

AB380, s. 360 Section 360. 979.06 (5) of the statutes is amended to read:

AB380,127,2 979.06 (5) The judge or circuit court commissioner conducting the inquest shall cause the testimony given by all witnesses to be reduced to writing or recorded and may employ stenographers to take and transcribe all of the testimony. The stenographer shall receive reimbursement at a reasonable rate for each appearance and transcription at rates in accordance with the customary charges in the area for similar services.

AB380, s. 361 Section 361. 979.08 (1) of the statutes is amended to read:

AB380,127,12 979.08 (1) When the evidence is concluded and the testimony closed, the judge or circuit court commissioner shall instruct the jury on its duties and on the substantive law regarding the issues inquired into before the jury. The district attorney shall prepare a written set of appropriate requested instructions and shall submit them to the judge or circuit court commissioner who, together with the district attorney, shall compile the final set of instructions which shall be given. The instructions shall include those criminal offenses for which the judge or circuit court commissioner believes a reasonable jury might return a verdict based upon a finding of probable cause.

AB380, s. 362 Section 362. 979.08 (3) (intro.) of the statutes is amended to read:

AB380,127,19 979.08 (3) (intro.) The jury shall retire to consider its verdict after hearing all of the testimony and evidence, making all necessary inquiries and having been instructed in the law. The judge or circuit court commissioner shall provide the jury with one complete set of written instructions providing the substantive law to be applied to the issues to be decided. The verdict shall be in a form which permits the following findings:

AB380, s. 363 Section 363. 979.08 (6) of the statutes is amended to read:

AB380,127,25 979.08 (6) Any verdict so rendered, after being validated and signed by the judge or circuit court commissioner, together with the record of the inquest, shall be delivered to the district attorney for consideration. After considering the verdict and record, the district attorney may deliver the entire inquest record or any part thereof to the coroner or medical examiner for safekeeping.

AB380, s. 364 Section 364. 979.08 (7) of the statutes is amended to read: