LRB-2277/1
GMM:wlj:pg
2001 - 2002 LEGISLATURE
March 15, 2001 - Introduced by Representatives Miller, Walker, Bock, Ladwig,
Ryba, Powers, Ott, Pocan, Staskunas, J. Lehman, Stone, Berceau
and Balow,
cosponsored by Senators M. Meyer, Burke, Roessler, Hansen, Risser,
Huelsman, Harsdorf, Darling
and S. Fitzgerald. Referred to Committee on
Corrections and the Courts.
AB212,1,7 1An Act to amend 103.67 (2) (j), 938.17 (2) (h) 1., 938.245 (5), 938.32 (1) (a),
2938.355 (6m) (a) (intro.) and 938.355 (6m) (ag); and to create 118.163 (1m) (c),
3118.163 (2) (L), 938.245 (2) (a) 9m., 938.32 (1p), 938.34 (7j), 938.342 (1d) (c),
4938.342 (1g) (k), 938.343 (3m), 938.344 (2g) (a) 5., 938.355 (6) (d) 5. and 938.355
5(6m) (a) 4. of the statutes; relating to: participation in the programming of a
6youth report center as a condition of a juvenile disposition, sanction, deferred
7prosecution agreement, or consent decree.
Analysis by the Legislative Reference Bureau
Under current law, a court assigned to exercise jurisdiction under the Juvenile
Justice Code (juvenile court) may impose certain dispositions on a juvenile who has
been adjudicated delinquent, found to have committed a civil law or ordinance
violation, or found to be in need of protection or services. Dispositions permitted
under current law include placement under supervision, performance of community
service work, and participation in certain educational programming ordered by the
juvenile court. Current law also permits the juvenile court to impose certain
sanctions on a juvenile who has violated a condition of his or her dispositional order.
Sanctions permitted under current law include placement in secure or nonsecure
custody for not more than ten days, suspension of the juvenile's operating privilege
(driver's license) for not more than three years or, in the case of a juvenile who is

truant or habitually truant from school, one year, performance of not more than 25
hours of community service work, and home detention for not more than 30 days.
In addition, current law permits a juvenile and the juvenile court intake worker,
prior to the filing of a juvenile court petition, to enter into a deferred prosecution
agreement under which the juvenile agrees to abide by certain obligations, such as
supervision, curfews, and school attendance requirements, as will tend to ensure the
juvenile's rehabilitation. Similarly, current law permits a juvenile and a judge or
commissioner of the juvenile court, after the filing of a juvenile court petition, but
before the entry of judgment, to enter into a consent decree under which the juvenile
is placed under supervision in the juvenile's home or present placement subject to
certain terms and conditions established by the juvenile court.
This bill permits a juvenile court to impose as a disposition for a juvenile who
has been adjudicated delinquent, found to have committed a civil law or ordinance
violation, or found to be in need of protection or services, and as a sanction for a
juvenile who has violated a condition of his or her dispositional order, an order
requiring the juvenile to report to a youth report center after school, in the evening,
on weekends, on other nonschool days, or at any other time that the juvenile is not
under immediate adult supervision, for participation in the social, behavioral,
academic, community service, and other programming of the center. The bill also
permits reporting to a youth report center and participation in the center's
programming to be included as an obligation under a deferred prosecution
agreement or as a condition of a consent decree.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB212, s. 1 1Section 1. 103.67 (2) (j) of the statutes is amended to read:
AB212,2,82 103.67 (2) (j) Minors under 14 years of age may be employed as participants
3in a restitution project under s. 938.245 (2) (a) 5., 938.32 (1t) (a), 938.34 (5), or 938.345
4or, in a supervised work program or other community service work under s. 938.245
5(2) (a) 6., 938.32 (1t) (b), 938.34 (5g), 938.343 (3), or 938.345, or in the community
6service component of a youth report center program under s. 938.245 (2) (a) 9m.,
7938.32 (1p), 938.34 (7j), 938.342 (1d) (c) or (1g) (k), 938.343 (3m), 938.344 (2g) (a) 5.,
8938.345, or 938.355 (6) (d) 5. or (6m) (a) 4
.
AB212, s. 2 9Section 2. 118.163 (1m) (c) of the statutes is created to read:
AB212,3,5
1118.163 (1m) (c) An order for the person to report to a youth report center after
2school, in the evening, on weekends, on other nonschool days, or at any other time
3that the person is not under immediate adult supervision, for participation in the
4social, behavioral, academic, community service, and other programming of the
5center as described in s. 938.342 (1d) (c).
AB212, s. 3 6Section 3. 118.163 (2) (L) of the statutes is created to read:
AB212,3,117 118.163 (2) (L) An order for the person to report to a youth report center after
8school, in the evening, on weekends, on other nonschool days, or at any other time
9that the person is not under immediate adult supervision, for participation in the
10social, behavioral, academic, community service, and other programming of the
11center as described in s. 938.342 (1g) (k).
AB212, s. 4 12Section 4. 938.17 (2) (h) 1. of the statutes is amended to read:
AB212,4,213 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
14than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or
15her dispositional order, the municipal court may impose on the juvenile any of the
16sanctions specified in s. 938.355 (6) (d) 2. to 4. 5. that are authorized under par. (cm)
17except for monitoring by an electronic monitoring system or may petition the court
18assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the
19juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with
20monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if
21authorized under par. (cm), if at the time of judgment the court explained the
22conditions to the juvenile and informed the juvenile of the possible sanctions under
23s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the
24violation the juvenile has acknowledged in writing that he or she has read, or has had

1read to him or her, those conditions and possible sanctions and that he or she
2understands those conditions and possible sanctions.
AB212, s. 5 3Section 5. 938.245 (2) (a) 9m. of the statutes is created to read:
AB212,4,94 938.245 (2) (a) 9m. That the juvenile report to a youth report center after
5school, in the evening, on weekends, on other nonschool days, or at any other time
6that the juvenile is not under immediate adult supervision, for participation in the
7social, behavioral, academic, community service, and other programming of the
8center. Section 938.34 (5g) applies to any community service work performed by a
9juvenile under this subdivision.
AB212, s. 6 10Section 6. 938.245 (5) of the statutes is amended to read:
AB212,4,1311 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g)
12or (2v).
may be terminated upon the request of the juvenile, parent, guardian, or legal
13custodian.
AB212, s. 7 14Section 7. 938.32 (1) (a) of the statutes is amended to read:
AB212,5,215 938.32 (1) (a) At any time after the filing of a petition for a proceeding relating
16to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
17commissioner may suspend the proceedings and place the juvenile under
18supervision in the juvenile's own home or present placement. The court may
19establish terms and conditions applicable to the parent, guardian, or legal custodian,
20and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m),
21(1p), (1t), (1v), and (1x). The order under this section shall be known as a consent
22decree and must be agreed to by the juvenile; the parent, guardian , or legal
23custodian; and the person filing the petition under s. 938.25. If the consent decree
24includes any conditions specified in sub. (1g), the consent decree shall include

1provisions for payment of the services as specified in s. 938.361. The consent decree
2shall be reduced to writing and given to the parties.
AB212, s. 8 3Section 8. 938.32 (1p) of the statutes is created to read:
AB212,5,104 938.32 (1p) The judge or juvenile court commissioner may establish as a
5condition under sub. (1) that the juvenile report to a youth report center after school,
6in the evening, on weekends, on other nonschool days, or at any other time that the
7juvenile is not under immediate adult supervision, for participation in the social,
8behavioral, academic, community service, and other programming of the center.
9Section 938.34 (5g) applies to any community service work performed by a juvenile
10under this subsection.
AB212, s. 9 11Section 9. 938.34 (7j) of the statutes is created to read:
AB212,5,1712 938.34 (7j) Youth report center. Order the juvenile to report to a youth report
13center after school, in the evening, on weekends, on other nonschool days, or at any
14other time that the juvenile is not under immediate adult supervision, for
15participation in the social, behavioral, academic, community service, and other
16programming of the center. Subsection (5g) applies to any community service work
17performed by a juvenile under this subsection.
AB212, s. 10 18Section 10. 938.342 (1d) (c) of the statutes is created to read:
AB212,5,2419 938.342 (1d) (c) Order the person to report to a youth report center after school,
20in the evening, on weekends, on other nonschool days, or at any other time that the
21person is not under immediate adult supervision, for participation in the social,
22behavioral, academic, community service, and other programming of the center.
23Section 938.34 (5g) applies to any community service work performed by a person
24under this paragraph.
AB212, s. 11 25Section 11. 938.342 (1g) (k) of the statutes is created to read:
AB212,6,6
1938.342 (1g) (k) Order the person to report to a youth report center after school,
2in the evening, on weekends, on other nonschool days, or at any other time that the
3juvenile is not under immediate adult supervision, for participation in the social,
4behavioral, academic, community service, and other programming of the center.
5Section 938.34 (5g) applies to any community service work performed by a person
6under this paragraph.
AB212, s. 12 7Section 12. 938.343 (3m) of the statutes is created to read:
AB212,6,138 938.343 (3m) Order the juvenile to report to a youth report center after school,
9in the evening, on weekends, on other nonschool days, or at any other time that the
10juvenile is not under immediate adult supervision, for participation in the social,
11behavioral, academic, community service, and other programming of the center.
12Section 938.34 (5g) applies to any community service work performed by a juvenile
13under this subsection.
AB212, s. 13 14Section 13. 938.344 (2g) (a) 5. of the statutes is created to read:
AB212,6,2015 938.344 (2g) (a) 5. Report to a youth report center after school, in the evening,
16on weekends, on other nonschool days, or at any other time that the juvenile is not
17under immediate adult supervision, for participation in the social, behavioral,
18academic, community service, and other programming of the center. Section 938.34
19(5g) applies to any community service work performed by a juvenile under this
20subdivision.
AB212, s. 14 21Section 14. 938.355 (6) (d) 5. of the statutes is created to read:
AB212,7,222 938.355 (6) (d) 5. Participation after school, in the evening, on weekends, on
23other nonschool days, or at any other time that the juvenile is not under immediate
24adult supervision, in the social, behavioral, academic, community service, and other

1programming of a youth report center. Subdivision 4. and s. 938.34 (5g) apply to any
2community service work performed by a juvenile under this subdivision.
AB212, s. 15 3Section 15. 938.355 (6m) (a) (intro.) of the statutes is amended to read:
AB212,7,164 938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence
5that a juvenile who has been found to have violated a municipal ordinance enacted
6under s. 118.163 (2) or who has been found to be in need of protection or services
7under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court
8may order as a sanction any combination of the sanctions specified in subds.1g. to
93. 4. and the dispositions specified in s. 938.342 (1g) (d) to (j) and (1m), regardless of
10whether the disposition was imposed in the order violated by the juvenile, if at the
11dispositional hearing under s. 938.335 the court explained those conditions to the
12juvenile and informed the juvenile of the possible sanctions under this paragraph for
13a violation or if before the violation the juvenile has acknowledged in writing that
14he or she has read, or has had read to him or her, those conditions and possible
15sanctions and that he or she understands those conditions and possible sanctions.
16The court may order as a sanction under this paragraph any of the following:
AB212, s. 16 17Section 16. 938.355 (6m) (a) 4. of the statutes is created to read:
AB212,7,2218 938.355 (6m) (a) 4. Participation after school, in the evening, on weekends, on
19other nonschool days, or at any other time that the juvenile is not under immediate
20adult supervision, in the social, behavioral, academic, community service, and other
21programming of a youth report center. Subdivision 2. and s. 938.34 (5g) apply to any
22community service work performed by a juvenile under this subdivision.
AB212, s. 17 23Section 17. 938.355 (6m) (ag) of the statutes is amended to read:
AB212,8,1024 938.355 (6m) (ag) If the court finds by a preponderance of the evidence that a
25juvenile who has been found to have violated a municipal ordinance enacted under

1s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may
2order as a sanction any combination of the operating privilege suspension specified
3in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (j) (k) and (1m),
4regardless of whether the disposition was imposed in the order violated by the
5juvenile, if at the dispositional hearing under s. 938.335 the court explained those
6conditions to the juvenile and informed the juvenile of the possible sanctions under
7this paragraph for a violation or if before the violation the juvenile has acknowledged
8in writing that he or she has read, or has had read to him or her, those conditions and
9possible sanctions and that he or she understands those conditions and possible
10sanctions.
AB212, s. 18 11Section 18. Initial applicability.
AB212,8,1512 (1) Youth report center. This act first applies to a juvenile who commits a
13delinquent act or a civil law or ordinance violation, or who is found to be in need of
14protection or services under section 938.13 of the statutes, on the effective date of this
15subsection.
AB212,8,1616 (End)
Loading...
Loading...