AB443: Bill Text

AB443, s. 321 Section 321. 938.30 (5) (a) 2., (c) (intro.) and (d) (intro.) of the statutes are amended to read:

AB443,148,15 938.30 (5) (a) 2. If the juvenile denies the allegations in the petition or citation, the court shall hold a fact-finding hearing on the allegations in the petition or citation as provided under s. 938.31. If, at the end of the fact-finding after the hearing, the court finds that the allegations in the petition have been proven, the court shall immediately hold a hearing to determine whether the juvenile was not responsible by reason of mental disease or defect.

AB443,148,18 (c) (intro.) If the court finds that the juvenile was not responsible by reason of mental disease or defect, as described under s. 971.15 (1) and (2), the court shall dismiss the petition with prejudice and shall also do one of the following:

AB443,148,21 (d) (intro.) If the court finds that the juvenile is not competent to proceed, as described in s. 971.13 (1) and (2), the court shall suspend proceedings on the petition and shall also do one of the following:

AB443, s. 322 Section 322. 938.30 (5) (e) 1. of the statutes is renumbered 938.30 (5) (e) 1. (intro.) and amended to read:

AB443,149,8 938.30 (5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described in s. 971.13 (1) and (2), but who is likely to become competent to proceed within 12 months or within the time period of the maximum sentence that may be imposed on an adult for the most serious delinquent act with which the juvenile is charged, whichever is less, and who is committed under s. 51.20 following an order under par. (d) 1. or who is placed under a dispositional order following an order under par. (d) 2., shall be periodically reexamined with written reports of those reexaminations to be submitted to the court every 3 months and within 30 days before the expiration of the juvenile's commitment or dispositional order. Each report shall indicate either that the one of the following:

AB443,149,9 a. That the juvenile has become competent, that the.

AB443,149,12 b. That the juvenile remains incompetent but that attainment of competence is likely within the remaining period of the commitment or dispositional order or that the.

AB443,149,14 c. That the juvenile has not made such progress that attainment of competency is likely within the remaining period of the commitment or dispositional order.

AB443, s. 323 Section 323. 938.30 (6) (title) of the statutes is created to read:

AB443,149,16 938.30 (6) (title) Uncontested petitions; disposition.

AB443, s. 324 Section 324. 938.30 (6) (b) and (c) and (7) of the statutes are amended to read:

AB443,150,2 938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a that statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

AB443,150,15 (c) If the court orders the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and juvenile's parent to the court or if the court orders the juvenile's parent to provide that statement to the designated agency under s. 938.33 (1) and that the designated agency is not the county department, the court shall also order the juvenile's parent to provide that the statement to the county department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department shall provide, without charge, to the parent a form on which to provide that the statement, and the parent shall provide that the statement on that the form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the juvenile.

AB443,150,20 (7) Contested petitions or citations; date for fact-finding hearing. If the petition or citation is contested, the court shall set a date for the fact-finding hearing which that allows a reasonable time for the parties to prepare but is no more than 20 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody.

Note: Provides, in s. 938.30 (6) (c), stats., that the statement of income, assets, debts, and living expenses shall indicate those of the juvenile as well as the parent.

AB443, s. 325 Section 325. 938.30 (8) (title) of the statutes is created to read:

AB443,150,22 938.30 (8) (title) Admission or no contest plea; inquiries required.

AB443, s. 326 Section 326. 938.30 (8) (b) and (9) of the statutes are amended to read:

AB443,151,4 938.30 (8) (b) Establish whether any promises or threats were made to elicit a plea and alert explain to unrepresented parties to the possibility that a lawyer may discover defenses or mitigating circumstances which that would not be apparent to them.

AB443,151,9 (9) Hearings conducted by court commissioner; court to review. 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 court shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquires set forth in under sub. (8).

AB443, s. 327 Section 327. 938.30 (10) (title) of the statutes is created to read:

AB443,151,11 938.30 (10) (title) Telephone or live audiovisual participation.

AB443, s. 328 Section 328. 938.31 (1) (title), (2) (title) and (4) (title) of the statutes are created to read:

AB443,151,14 938.31 (1) (title) Definition.

AB443,151,15 (2) (title) Hearing to the court; procedures.

AB443,151,16 (4) (title) Findings by court.

AB443, s. 329 Section 329. 938.31 (7) of the statutes is amended to read:

AB443,151,23 938.31 (7) Date for dispositional hearing. (a) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which that allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If all parties consent, the court may immediately proceed with a dispositional hearing.

AB443,152,8 (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a the statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

AB443,152,21 (c) If the court orders the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and juvenile's parent to the court or if the court orders the juvenile's parent to provide that the statement to the designated agency under s. 938.33 (1) and that the designated agency is not the county department, the court shall also order the juvenile's parent to provide that the statement to the county department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department shall provide, without charge, to the parent a form on which to provide that the statement, and the parent shall provide that the statement on that the form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the juvenile.

Note: See the Note to s. 938.30 (6) (b) and (c), stats., as affected by this bill.

AB443, s. 330 Section 330. 938.315 (1) (intro.) of the statutes is amended to read:

AB443,152,24 938.315 (1) Time periods to be excluded. (intro.) The following time periods shall be excluded in computing time requirements within under this chapter:

AB443, s. 331 Section 331. 938.315 (1) (a) of the statutes is renumbered 938.315 (1) (a) (intro.) and amended to read:

AB443,153,4 938.315 (1) (a) (intro.) Any period of delay resulting from other any of the following:

AB443,153,7 1. Other legal actions concerning the juvenile, including an examination under s. 938.295 or a hearing related to the juvenile's mental condition, prehearing motions, waiver motions, and hearings on other matters.

AB443, s. 332 Section 332. 938.315 (1) (b) of the statutes is renumbered 938.315 (1) (a) 2. and amended to read:

AB443,153,11 938.315 (1) (a) 2. Any period of delay resulting from a A continuance granted at the request of or with the consent of the juvenile and counsel.

AB443, s. 333 Section 333. 938.315 (1) (c) of the statutes is renumbered 938.315 (1) (a) 3. and amended to read:

AB443,153,16 938.315 (1) (a) 3. Any period of delay caused by the The disqualification or substitution of a judge or by any other transfer of the case or intake inquiry to a different judge, intake worker or county.

AB443, s. 334 Section 334. 938.315 (1) (d) of the statutes is renumbered 938.315 (1) (a) 4. and amended to read:

AB443,153,25 938.315 (1) (a) 4. Any period of delay resulting from a A continuance granted at the request of the representative of the public under s. 938.09 if the continuance is granted because of the unavailability of evidence material to the case when he or she has exercised due diligence to obtain the evidence and there are reasonable grounds to believe that the evidence will be available at the later date, or to allow him or her additional time to prepare the case and additional time is justified because of the exceptional circumstances of the case.

AB443, s. 335 Section 335. 938.315 (1) (dm) of the statutes is renumbered 938.315 (1) (a) 5. and amended to read:

AB443,154,4 938.315 (1) (a) 5. Any period of delay resulting from court Court congestion or scheduling.

AB443, s. 336 Section 336. 938.315 (1) (e) of the statutes is renumbered 938.315 (1) (a) 6. and amended to read:

AB443,154,8 938.315 (1) (a) 6. Any period of delay resulting from the The imposition of a consent decree.

AB443, s. 337 Section 337. 938.315 (1) (f) of the statutes is renumbered 938.315 (1) (a) 7. and amended to read:

AB443,154,12 938.315 (1) (a) 7. Any period of delay resulting from the The absence or unavailability of the juvenile.

AB443, s. 338 Section 338. 938.315 (1) (fm) of the statutes is renumbered 938.315 (1) (a) 8. and amended to read:

AB443,154,18 938.315 (1) (a) 8. Any period of delay resulting from the The inability of the court to provide the juvenile with notice of an extension hearing under s. 938.365 due to the juvenile having run away or otherwise having made himself or herself unavailable to receive that notice.

AB443, s. 339 Section 339. 938.315 (1) (h) of the statutes is renumbered 938.315 (1) (a) 9. and amended to read:

AB443,154,22 938.315 (1) (a) 9. Any period of delay resulting from the The need to appoint a qualified interpreter.

AB443, s. 340 Section 340. 938.315 (1) (i) of the statutes is renumbered 938.315 (1) (a) 10. and amended to read:

AB443,155,2 938.315 (1) (a) 10. Any period of delay resulting from consultation Consultation under s. 938.24 (2r) or 938.25 (2g).

AB443, s. 341 Section 341. 938.315 (2) (title), (2m) (title) and (3) (title) of the statutes are created to read:

AB443,155,5 938.315 (2) (title) Continuance for good cause.

AB443,155,6 (2m) (title) When no continuance, extension, or exclusion permitted.

AB443,155,7 (3) (title) Consequences of failure to comply with time limit.

AB443, s. 342 Section 342. 938.32 (1) (title) of the statutes is created to read:

AB443,155,9 938.32 (1) (title) When ordered; terms; victims' rights; procedures.

AB443, s. 343 Section 343. 938.32 (1) (a) and (am) of the statutes are amended to read:

AB443,155,22 938.32 (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 circuit commissioner court may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement. 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), (1p), (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 in writing and be given to the parties.

AB443,156,7 (am) Before entering into a consent decree in a case in which the juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall, as soon as practicable but in any event before agreeing to the consent decree, offer all of the victims of the juvenile's alleged act who have so requested the opportunity an opportunity to confer with the district attorney or corporation counsel concerning the proposed consent decree. The duty to offer an opportunity to confer under this paragraph does not limit the obligation of the district attorney or corporation counsel to exercise his or her discretion concerning the handling of the proceeding against the juvenile.

AB443, s. 344 Section 344. 938.32 (1) (b) 1. of the statutes is renumbered 938.32 (1) (b) (intro.) and amended to read:

AB443,156,12 938.32 (1) (b) (intro.) Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the all of the following shall occur:

AB443,156,18 1g. The court shall determine whether a victim of the juvenile's act wants to make a statement to the court. If a victim wants to make a statement, the court shall allow the victim to make a statement in court or to submit a written statement to be read to the court. The court may allow any other person to make or submit a statement under this subdivision. Any statement made under this subdivision must be relevant to the consent decree.

AB443, s. 345 Section 345. 938.32 (1) (b) 1m. of the statutes is amended to read:

AB443,157,3 938.32 (1) (b) 1m. Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the The court shall inquire of the district attorney or corporation counsel whether he or she has complied with par. (am), whether he or she has complied with subd. 2. and whether he or she has complied with s. 938.27 (4m), whether any of the known victims requested notice of the date, time, and place of any hearing to be held on the consent decree, and, if so, whether the district attorney provided to the victim notice of the date, time , and place of the hearing.

AB443, s. 346 Section 346. 938.32 (1) (b) 2. of the statutes is amended to read:

AB443,157,11 938.32 (1) (b) 2. Before entering into a consent decree in a proceeding in which a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the The district attorney or corporation counsel shall make a reasonable attempt to contact any known victim to inform that person of the right to make a statement under subd. 1. 1g. Any failure to comply with this subdivision is not a ground for discharge of the juvenile, parent, guardian, or legal custodian from fulfilling the terms and conditions of the consent decree.

AB443, s. 347 Section 347. 938.32 (1) (c) 1. of the statutes is renumbered 938.32 (1) (c) 1. (intro.) and amended to read:

AB443,157,18 938.32 (1) (c) 1. (intro.) If at the time the consent decree is entered into the juvenile is placed outside the home under a voluntary agreement under s. 48.63 or is otherwise living outside the home without a court order and if the consent decree maintains the juvenile in that placement or other living arrangement, the consent decree shall include a all of the following:

AB443,157,20 a. A finding that placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, a.

AB443,158,2 b. A finding as to whether the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the judge or circuit court commissioner court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and a.

AB443,158,7 c. A finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the judge or circuit court commissioner court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

AB443, s. 348 Section 348. 938.32 (1) (c) 2. of the statutes is amended to read:

AB443,158,14 938.32 (1) (c) 2. If the judge or circuit court commissioner court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the consent decree shall include a determination that the county department or agency primarily responsible for providing services under the consent decree is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

AB443, s. 349 Section 349. 938.32 (1) (c) 3. and (d) of the statutes are amended to read:

AB443,158,23 938.32 (1) (c) 3. The judge or circuit court commissioner court shall make the findings specified in subds. 1. and 2. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the consent decree. A consent decree that merely references subd. 1. or 2. without documenting or referencing that specific information in the consent decree or an amended consent decree that retroactively corrects an earlier consent decree that does not comply with this subdivision is not sufficient to comply with this subdivision.

AB443,159,5 (d) 1. If the judge or circuit court commissioner court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the judge or circuit court commissioner court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the The agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

AB443,159,10 2. If a hearing is held under subd. 1., at At least 10 days before the date of the hearing under subd. 1., the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.

AB443,159,20 3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A The foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that the notice and having the opportunity to be heard.

AB443, s. 350 Section 350. 938.32 (1d) of the statutes is amended to read:

AB443,160,7 938.32 (1d) Volunteers in probation program. 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 circuit court commissioner court determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community, the judge or circuit court commissioner court may establish as a condition under sub. (1) that the juvenile be placed with that volunteers in probation program under such conditions as that the judge or circuit court commissioner court determines are reasonable and appropriate. These The conditions may include, but need not be limited to, any of the following:

AB443,160,11 (a) A directive to a volunteer to provide be a role model for the juvenile a role model, informal counseling, general monitoring and , monitoring of the conditions established by the judge or circuit court commissioner court, or any combination of these functions.

AB443,160,13 (b) Any other conditions that the judge or circuit court commissioner court may establish under this section.

AB443, s. 351 Section 351. 938.32 (1g) (intro.) and (b) of the statutes are amended to read:

AB443,160,21 938.32 (1g) Alcohol or other drug abuse treatment and education. (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 circuit court commissioner court may establish as a condition under sub. (1) any of the following: