AB443, s. 266 18Section 266. 938.265 of the statutes is amended to read:
AB443,130,5 19938.265 Consultation with victims. In a case in which the juvenile is alleged
20to be delinquent under s. 938.12 or to be in need of protection or services under s.
21938.13 (12), the district attorney or corporation counsel shall, as soon as practicable
22but in any event before the plea hearing under s. 938.30, offer all of the victims of the
23juvenile's alleged act who have so requested the opportunity an opportunity to confer
24with the district attorney or corporation counsel concerning the possible outcomes
25of the proceeding against the juvenile, including potential plea agreements and

1recommendations that the district attorney or corporation counsel may make
2concerning dispositions under s. 938.34 or 938.345. The duty to offer an opportunity
3to
confer under this section does not limit the obligation of the district attorney or
4corporation counsel to exercise his or her discretion concerning the handling of the
5proceeding against the juvenile.
AB443, s. 267 6Section 267. 938.27 (1) (title), (2) (title) and (3) (title) of the statutes are
7created to read:
AB443,130,88 938.27 (1) (title) Summons; when issued.
AB443,130,9 9(2) (title) Summons; necessary persons.
AB443,130,10 10(3) (title) Notice of hearings.
AB443, s. 268 11Section 268. 938.27 (3) (a) 1. of the statutes is amended to read:
AB443,130,2512 938.27 (3) (a) 1. The court shall also notify, under s. 938.273, the juvenile, any
13parent, guardian, and legal custodian of the juvenile, any foster parent, treatment
14foster parent or other physical custodian described in s. 48.62 (2) of the juvenile, and
15any person specified in par. (b), if applicable, of all hearings involving the juvenile
16under this subchapter, except hearings on motions for which notice need only must
17be provided only to the juvenile and his or her counsel. Where If parents entitled to
18notice have the same place of residence, notice to one shall constitute constitutes
19notice to the other. The first notice to any interested party, foster parent, treatment
20foster parent, or other physical custodian described in s. 48.62 (2) shall be written
21in writing and may have a copy of the petition attached to it. Thereafter, notice of
22Notices of subsequent hearings may be given by telephone at least 72 hours before
23the time of the hearing. The person giving telephone notice shall place in the case
24file a signed statement of the date and time notice was given and the person to whom
25he or she spoke.
AB443, s. 269
1Section 269. 938.27 (4) (title) of the statutes is created to read:
AB443,131,22 938.27 (4) (title) Contents of notice.
AB443, s. 270 3Section 270. 938.27 (4m), (5) and (6) of the statutes are amended to read:
AB443,131,134 938.27 (4m) Notice to victims. The district attorney or corporation counsel
5shall make a reasonable attempt to contact any known victim or alleged victim of a
6juvenile's act or alleged act to inform them of the right to receive notice of any hearing
7under this chapter involving the juvenile. If a victim or alleged victim indicates that
8he or she wishes to receive that notice of any hearing under this chapter involving
9the juvenile
, the district attorney or corporation counsel shall make a reasonable
10attempt to notify, under s. 938.273, that victim or alleged victim of any hearing under
11this chapter involving the juvenile. Any failure Failure to comply with this
12subsection is not a ground for an appeal of a judgment or dispositional order or for
13any court to reverse or modify a judgment or dispositional order.
AB443,131,18 14(5) Notice to biological fathers. Subject to sub. (3) (b), the court shall make
15every reasonable effort efforts to identify and notify any person who has filed a
16declaration of interest under s. 48.025 and any person who has been adjudged to be
17the biological father of the juvenile in a judicial proceeding unless the biological
18father's rights have been terminated.
AB443,132,2 19(6) Interstate compact proceedings; notice and summons. When a proceeding
20is initiated under s. 938.14, all interested parties shall receive notice and appropriate
21summons shall be issued in a manner specified by the court, consistent with
22applicable governing statutes. In addition, if
. If the juvenile who is the subject of
23the proceeding is in the care of a foster parent, treatment foster parent, or other
24physical custodian described in s. 48.62 (2), the court shall give the foster parent,

1treatment foster parent, or other physical custodian notice and an opportunity to be
2heard as provided in sub. (3) (a).
AB443, s. 271 3Section 271. 938.27 (7) (title) and (8) (title) of the statutes are created to read:
AB443,132,44 938.27 (7) (title) Citations as notice.
AB443,132,5 5(8) (title) Reimburse legal counsel costs in certain cases; notice.
AB443, s. 272 6Section 272. 938.273 (1) (title) of the statutes is created to read:
AB443,132,77 938.273 (1) (title) Methods of service; continuance.
AB443, s. 273 8Section 273. 938.273 (1) of the statutes is renumbered 938.273 (1) (a) and
9amended to read:
AB443,132,1910 938.273 (1) (a) Service of summons or notice required by s. 938.27 may be made
11by mailing a copy thereof to the persons summoned or notified. If the persons, other
12than a person specified in s. 938.27 (4m), fail to appear at the hearing or otherwise
13to acknowledge service, a continuance shall be granted, except where the court
14determines otherwise because the juvenile is in secure custody
as provided under
15par. (b)
, and service shall be made personally by delivering to the persons a copy of
16the summons or notice; except that if the court is satisfied determines that it is
17impracticable to serve the summons or notice personally, it may make an order
18providing for the service of the summons or notice by certified mail addressed to the
19last-known addresses of the persons.
AB443,132,23 20(b) The court may refuse to grant a continuance when the juvenile is being held
21in secure custody, but in such a case the court if the court so refuses, it shall order
22that service of notice of the next hearing be made personally or by certified mail to
23the last-known address of the person who failed to appear at the hearing.
AB443,133,3 24(c) Personal service shall be made at least 72 hours before the time of the
25hearing. Mail shall be sent at least 7 days before the time of the hearing, except

1where that when the petition is filed under s. 938.13 and the person to be notified
2lives outside the state, in which case the mail shall be sent at least 14 days before
3the time of the hearing.
AB443, s. 274 4Section 274. 938.273 (2) (title) and (3) (title) of the statutes are created to read:
AB443,133,55 938.273 (2) (title) By whom made.
AB443,133,6 6(3) (title) Expenses; charge on county.
AB443, s. 275 7Section 275. 938.275 (1) (title) of the statutes is created to read:
AB443,133,88 938.275 (1) (title) Expense of custody, services, sanctions, or placement.
AB443, s. 276 9Section 276. 938.275 (1) (c) of the statutes is amended to read:
AB443,133,1610 938.275 (1) (c) If the court imposes a sanction on a juvenile as specified in s.
11938.355 (6) (d) or (6m) (a) or (ag) or finds the juvenile in contempt under s. 938.355
12(6g) (b) and orders a disposition under s. 938.34 or if the juvenile is placed in a secure
13juvenile detention facility or place of nonsecure custody under s. 938.355 (6d) (a), (b),
14or (c) or 938.534 (1) (b) or (c), the court shall order the parents of the juvenile to
15contribute toward the cost of the sanction, disposition or placement the proportion
16of the total amount which the court finds the parents are able to pay.
AB443, s. 277 17Section 277. 938.275 (2) (title) of the statutes is created to read:
AB443,133,1818 938.275 (2) (title) Legal counsel; indigency.
AB443, s. 278 19Section 278. 938.275 (2) (a) of the statutes is renumbered 938.275 (2) (a)
20(intro.) and amended to read:
AB443,133,2421 938.275 (2) (a) (intro.) If this the state or a county provides legal counsel to a
22juvenile subject to a proceeding under s. 938.12 or 938.13, the court shall order the
23juvenile's parent to reimburse the state or county in accordance with under par. (b)
24or (c). The court may not order reimbursement if a either of the following apply:
AB443,133,25 251. A parent is the complaining or petitioning party or if the.
AB443,134,3
12. The court finds that the interests of the parent and the interests of the
2juvenile in the proceeding are substantially and directly adverse and that
3reimbursement would be unfair to the parent.
AB443,134,6 4(am) The court may not order reimbursement under par. (a) until the
5completion of the proceeding or until the state or county is no longer providing the
6juvenile with legal counsel in the proceeding.
AB443, s. 279 7Section 279. 938.275 (2) (b) and (c) of the statutes are amended to read:
AB443,134,168 938.275 (2) (b) If this the state provides the juvenile with legal counsel and the
9court orders reimbursement under par. (a), the juvenile's parent may request the
10state public defender to determine whether the parent is indigent as provided under
11s. 977.07 and to determine the amount of reimbursement. If the parent is found not
12to be indigent, the amount of reimbursement shall be the maximum amount
13established by the public defender board. If the parent is found to be indigent in part,
14the amount of reimbursement shall be the amount of partial payment determined
15in accordance with the under rules of the public defender board promulgated under
16s. 977.02 (3).
AB443,134,2217 (c) If the county provides the juvenile with legal counsel and the court orders
18reimbursement under par. (a), the court shall either make a determination of
19indigency or shall appoint the county department to make the determination. If the
20court or the county department finds that the parent is not indigent or is indigent
21in part, the court shall establish the amount of reimbursement and shall order the
22parent to pay it.
AB443, s. 280 23Section 280. 938.275 (2) (cg) 3. of the statutes is amended to read:
AB443,135,3
1938.275 (2) (cg) 3. The court's finding, under par. (a) 2., that the interests of the
2parent and the juvenile are not substantially and directly adverse and that ordering
3the payment of reimbursement would not be unfair to the parent.
AB443, s. 281 4Section 281. 938.28 of the statutes is amended to read:
AB443,135,11 5938.28 Failure to obey summons; capias. If any person summoned under
6this chapter fails without reasonable cause to appear, he or she may be proceeded
7against for contempt of court. In case under ch. 785. If the summons cannot be served
8or, if the parties served fail to obey respond to the same summons, or in any case when
9if it appears to the court that the service will be ineffectual, a capias may be issued
10for the parent, guardian, and legal custodian or for the juvenile. Subchapter IV
11governs the taking and holding of a juvenile in custody.
AB443, s. 282 12Section 282. 938.29 (1) of the statutes is amended to read:
AB443,135,2313 938.29 (1) Request for substitution. Except as provided in sub. (1g), the
14juvenile, either before or during the plea hearing, may file a written request with the
15clerk of the court or other person acting as the clerk for a substitution of the judge
16assigned to the proceeding. Upon Immediately upon filing the written request, the
17juvenile shall immediately mail or deliver a copy of the request to the judge named
18therein in the request. In a proceeding under s. 938.12 or 938.13 (12), only the
19juvenile may request a substitution of the judge. Whenever If the juvenile has the
20right to request a substitution of judge, the juvenile's counsel or guardian ad litem
21may file the request. Not more than one such written request may be filed in any one
22proceeding, nor may any and no single request may name more than one judge. This
23section shall does not apply to proceedings under s. 938.21.
AB443, s. 283 24Section 283. 938.29 (1g) of the statutes is renumbered 938.29 (1g) (intro.) and
25amended to read:
AB443,136,5
1938.29 (1g) When substitution request not permitted. (intro.) The juvenile
2may not request the substitution of a judge in a proceeding under s. 938.12 or 938.13
3(12), and the juvenile and the juvenile's parent, guardian, or legal custodian may not
4request the substitution of a judge in a proceeding under s. 938.13 (4), (6), (6m), or
5(7), if the any of the following apply:
AB443,136,9 6(a) The judge assigned to the proceeding has entered a dispositional order with
7respect to the juvenile in a previous proceeding under s. 48.12, 1993 stats., s. 48.13
8(4), (6), (6m), (7), or (12), 1993 stats., s. 938.12 , or 938.13 (4), (6), (6m), (7), or (12) or
9the
.
AB443,136,13 10(b) The juvenile or the juvenile's parent, guardian , or legal custodian has
11requested the substitution of a judge in a previous proceeding under s. 48.12, 1993
12stats., s. 48.13 (4), (6), (6m), (7) or (12), 1993 stats., s. 938.12 or 938.13 (4), (6), (6m),
13(7) or (12).
AB443, s. 284 14Section 284. 938.29 (1m) of the statutes is amended to read:
AB443,136,2415 938.29 (1m) Assignment of new judge . When the clerk receives a request for
16substitution, the clerk shall immediately contact the judge whose substitution has
17been requested for a determination of whether the request was made timely and in
18proper form. Except as provided in sub. (2), if the request is found to be timely and
19in proper form, the judge named in the request has no further jurisdiction and the
20clerk shall request the assignment of another judge under s. 751.03. If no
21determination is made within 7 days after receipt of the request for substitution, the
22clerk shall refer the matter to the chief judge of the judicial administrative district
23for determination of whether the request was made timely and in proper form and
24for reassignment as necessary.
AB443, s. 285 25Section 285. 938.29 (2) (title) of the statutes is created to read:
AB443,137,1
1938.29 (2) (title) Substitution of judge scheduled to conduct waiver hearing.
AB443, s. 286 2Section 286. 938.293 (1) of the statutes is amended to read:
AB443,137,103 938.293 (1) Law enforcement reports . Copies of all law enforcement officer
4reports, including but not limited to the officer's memorandum and witnesses'
5statements, shall be made available upon request to counsel or guardian ad litem
6prior to a plea hearing. The reports shall be available through the representative of
7the public designated under s. 938.09. The juvenile, through counsel or guardian ad
8litem, is the only party who shall have access to the reports in proceedings under s.
9938.12, 938.125, or 938.13 (12). The identity of a confidential informant may be
10withheld pursuant to under s. 905.10.
AB443, s. 287 11Section 287. 938.293 (2) (title) of the statutes is created to read:
AB443,137,1212 938.293 (2) (title) Records relating to juvenile.
AB443, s. 288 13Section 288. 938.293 (3) of the statutes is amended to read:
AB443,137,2314 938.293 (3) Videotaped oral statement. Upon request prior to the fact-finding
15hearing, the district attorney shall disclose to the juvenile, and to the juvenile's
16counsel or guardian ad litem, the existence of any videotaped oral statement of a
17juvenile under s. 908.08 which that is within the possession, custody, or control of the
18state and shall make reasonable arrangements for the requesting person to view the
19videotaped oral statement. If, subsequent to compliance with this subsection, the
20state obtains possession, custody, or control of such a the videotaped oral statement,
21the district attorney shall promptly notify the requesting person of that fact and
22make reasonable arrangements for the requesting person to view the videotaped oral
23statement.
AB443, s. 289 24Section 289. 938.295 (1) (title) of the statutes is created to read:
AB443,137,2525 938.295 (1) (title) Examination or assessment of juvenile or parent.
AB443, s. 290
1Section 290. 938.295 (1) of the statutes is renumbered 938.295 (1) (a) and
2amended to read:
AB443,138,153 938.295 (1) (a) After the filing of a petition and upon a finding by the court that
4reasonable cause exists to warrant an a physical, psychological, mental, or
5developmental
examination or an alcohol and other drug abuse assessment that
6conforms to the criteria specified under s. 938.547 (4), the court may order any a
7juvenile coming within its jurisdiction to be examined as an outpatient by personnel
8in an approved treatment facility for alcohol and other drug abuse, by a physician,
9psychiatrist, or licensed psychologist, or by another expert appointed by the court
10holding at least a master's degree in social work or another related field of child
11development, in order that the juvenile's physical, psychological, alcohol or other
12drug dependency, mental, or developmental condition may be considered. The court
13may also order an examination or an alcohol and other drug abuse assessment that
14conforms to the criteria specified under s. 938.547 (4) of a parent, guardian, or legal
15custodian whose ability to care for a juvenile is at issue before the court.
AB443,138,18 16(b) The court shall hear any objections by the juvenile and the juvenile's
17parents, guardian, or legal custodian to the request under par. (a) for such an
18examination or assessment before ordering the examination or assessment.
AB443,138,21 19(c) The expenses of an examination, if approved by the court, shall be paid by
20the county of the court ordering the examination. The payment for an alcohol and
21other drug abuse assessment shall be in accordance with s. 938.361.
AB443, s. 291 22Section 291. 938.295 (1c) (intro.) of the statutes is amended to read:
AB443,138,2523 938.295 (1c) Reasonable cause for assessment; when. (intro.) Reasonable
24cause is considered to exist exists to warrant an alcohol and other drug abuse
25assessment under sub. (1) if any of the following applies:
AB443, s. 292
1Section 292. 938.295 (1g) of the statutes is amended to read:
AB443,139,132 938.295 (1g) Report of results and recommendations. If the court orders an
3alcohol or other drug abuse assessment under sub. (1), the approved treatment
4facility shall, within 14 days after the court order, report the results of the
5assessment to the court, except that, upon request if requested by the approved
6treatment
facility and if the juvenile is not held in secure or nonsecure custody, the
7court may extend the period for assessment for not more than 20 additional working
8days. The report shall include a recommendation as to whether the juvenile is in
9need of treatment, intervention, or education relating to the use or abuse of alcohol
10beverages, controlled substances, or controlled substance analogs and, if so, shall
11recommend a service plan and appropriate treatment from an approved treatment
12facility, intervention from a court-approved pupil assistance program , or education
13from a court-approved alcohol or other drug abuse education program.
AB443, s. 293 14Section 293. 938.295 (2) (title) of the statutes is created to read:
AB443,139,1515 938.295 (2) (title) Not competent or not responsible.
AB443, s. 294 16Section 294. 938.295 (2) (a) of the statutes is amended to read:
AB443,140,317 938.295 (2) (a) If there is probable cause to believe that the juvenile has
18committed the alleged offense and if there is reason to doubt the juvenile's
19competency to proceed, or upon entry of a plea under s. 938.30 (4) (c), the court shall
20order the juvenile to be examined by a psychiatrist or licensed psychologist. The If
21the
cost of the examination, if is approved by the court, the cost shall be paid by the
22county of the court ordering the examination, and the county may recover that cost
23from the juvenile's parent or guardian as provided in par. (c). Evaluation shall be
24made on an outpatient basis unless the juvenile presents a substantial risk of
25physical harm to the juvenile or others; or the juvenile, parent, or guardian, and legal

1counsel or guardian ad litem, consent to an inpatient evaluation. Any An inpatient
2evaluation shall be for completed in a specified period that is no longer than is
3necessary to complete the evaluation.
AB443, s. 295 4Section 295. 938.295 (2) (b) of the statutes is renumbered 938.295 (2) (b) 1. and
5is amended to read:
AB443,140,126 938.295 (2) (b) 1. The examiner shall file a report of the examination with the
7court by the date specified in the order. The court shall cause copies to be transmitted
8to the district attorney or corporation counsel and to the juvenile's counsel or
9guardian ad litem. The report shall describe the nature of the examination and,
10identify the persons interviewed, the particular records reviewed, and any tests
11administered to the juvenile and state in reasonable detail the facts and reasoning
12upon which the examiner's opinions are based
.
AB443,140,18 132. If the examination is ordered following a plea under s. 938.30 (4) (c), the
14report shall also contain an opinion regarding whether the juvenile suffered from
15mental disease or defect at the time of the commission of the act alleged in the
16petition and, if so, whether this caused the juvenile to lack substantial capacity to
17appreciate the wrongfulness of his or her conduct or to conform his or her conduct to
18the requirements of the law.
AB443,141,2 193. If the examination is ordered following a finding that there is probable cause
20to believe that the juvenile has committed the alleged offense and that there is reason
21to doubt the juvenile's competency to proceed, the report shall also contain an opinion
22regarding the juvenile's present mental capacity to understand the proceedings and
23assist in his or her defense and, if the examiner reports that the juvenile lacks
24competency to proceed, the examiner's opinion regarding the likelihood that the
25juvenile, if provided treatment, may be restored to competency within the time

1specified in s. 938.30 (5) (e) 1. The report shall also state in reasonable detail the facts
2and reasoning upon which the examiner's opinions are based
.
AB443, s. 296 3Section 296. 938.295 (3) of the statutes is amended to read:
AB443,141,74 938.295 (3) Objection to a particular professional. If the juvenile or a parent
5objects to a particular physician, psychiatrist, licensed psychologist , or other expert
6as required under this section, the court shall appoint a different physician,
7psychiatrist, psychologist or other expert as required under this section.
AB443, s. 297 8Section 297. 938.295 (4) (title) of the statutes is created to read:
AB443,141,99 938.295 (4) (title) Telephone or live audiovisual proceeding.
AB443, s. 298 10Section 298. 938.296 (1) (title) and (2) (title) of the statutes are created to read:
AB443,141,1111 938.296 (1) (title) Definitions.
AB443,141,12 12(2) (title) Sexually transmitted disease testing.
AB443, s. 299 13Section 299. 938.296 (2m) (title) of the statutes is created to read:
AB443,141,1414 938.296 (2m) (title) Communicable disease testing.
AB443, s. 300 15Section 300. 938.296 (2m) (b) of the statutes is amended to read:
AB443,141,2016 938.296 (2m) (b) The district attorney or corporation counsel has probable
17cause to believe that the act or alleged act of the juvenile that constitutes a violation
18of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the
19victim or alleged victim and involved the juvenile's blood, semen, vomit, saliva, urine
20or, feces, or other bodily substance of the juvenile.
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