AB443: Bill Text

AB443,170,15 938.335 (3m) (b) After a finding that a juvenile is delinquent under s. 938.12 or is found 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 par. (a) (ag). Any failure to comply with this paragraph is not a ground for an appeal of a dispositional order or for any court to reverse or modify a dispositional order.

AB443, s. 373 Section 373. 938.335 (3r) (title), (4) (title) and (5) (title) of the statutes are created to read:

AB443,170,18 938.335 (3r) (title) Child support.

AB443,170,19 (4) (title) Testimony by telephone or live audiovisual means.

AB443,170,20 (5) (title) Dispositional order.

AB443, s. 374 Section 374. 938.34 (2) (a) and (b) of the statutes are amended to read:

AB443,171,2 938.34 (2) (a) Place the juvenile under the supervision of an agency, the department, if the department approves, or a suitable adult, including a friend of the juvenile, under conditions prescribed by the court, including reasonable rules for the juvenile's conduct, designed for the physical, mental, and moral well-being and behavior of the juvenile.

AB443,171,7 (b) If the juvenile is placed in the juvenile's home under the supervision of an agency or the department, order the agency or department to provide specified services to the juvenile and the juvenile's family, which may include but are not limited to including individual, family, or group counseling, homemaker or parent aide services, respite care, housing assistance, day care, or parent skills training.

AB443, s. 375 Section 375. 938.34 (2g) (intro.) and (a) of the statutes are amended to read:

AB443,171,18 938.34 (2g) Volunteers in probation program. (intro.) If the juvenile is adjudicated delinquent for the commission of 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 court determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community, placement of place the juvenile with that the volunteers in probation program under such conditions as the court determines are reasonable and appropriate. These conditions may include, but need not be limited to, any of the following:

AB443,171,21 (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 court, or any combination of these functions.

AB443, s. 376 Section 376. 938.34 (2m) (a) and (c) of the statutes are amended to read:

AB443,172,2 938.34 (2m) (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 court determines that participation in the teen court program will likely benefit the juvenile and the community.

AB443,172,5 (c) The juvenile admits or pleads no contest in open court, with in the presence of the juvenile's parent, guardian, or legal custodian present, to the allegations that the juvenile committed the delinquent act.

AB443, s. 377 Section 377. 938.34 (3) (a), (b) and (e) of the statutes are amended to read:

AB443,172,15 938.34 (3) (a) The home of a parent or other relative of the juvenile, except that the court may not designate the home of a parent or other relative of the juvenile as the juvenile's placement if the parent or other relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional of the homicide, of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

AB443,172,24 (b) The home of a person who is not required to be licensed if placement is for less than 30 days, except that the court may not designate the home of a person who is not required to be licensed as the juvenile's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional of the homicide , of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

AB443,173,5 (e) An independent living situation effective on or after the juvenile's 17th birthday, either alone or with friends, under such supervision as the court considers appropriate, but only if the juvenile is of sufficient maturity and judgment to live independently and only upon proof of a reasonable plan for supervision by an appropriate person or agency.

AB443, s. 378 Section 378. 938.34 (4d) of the statutes is amended to read:

AB443,173,11 938.34 (4d) Type 2 child caring institution residential care center for children and youth placement. Place the juvenile in a Type 2 child caring institution residential care center for children and youth under the supervision of the county department and subject to Type 2 status, as described in s. 938.539, but only if all of the following apply:

AB443,173,14 (a) The juvenile has been found to be delinquent for the commission of an act which if committed by an adult that would be punishable by a sentence of 6 months or more if committed by an adult.

AB443,173,21 (b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the judge court determines that any of the conditions specified in sub. (4m) (b) 1., 2., or 3. applies, but that placement in the serious juvenile offender program under sub. (4h) or in a secured juvenile correctional facility under sub. (4m) would not be appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection.

AB443, s. 379 Section 379. 938.34 (4h) (a) and (b) of the statutes are amended to read:

AB443,174,4 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing or conspiring to commit a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of 940.02 or 940.05.

AB443,174,7 (b) The judge court finds that the only other disposition that would be is appropriate for the juvenile would be is placement of the juvenile in a secured juvenile correctional facility under sub. (4m).

Note: 1. Clarifies that, in s. 938.34 (4h) (a), stats., conspiracy to commit an offense [s. 939.31, stats.] means conspiracy to commit an offense listed as a serious juvenile offender offense.

2. Adds to s. 938.34 (4h) (a), stats., attempted armed robbery and 2nd degree reckless homicide as serious juvenile offender offenses.

AB443, s. 380 Section 380. 938.34 (4m) (intro.), (a) and (b) (intro.) of the statutes are amended to read:

AB443,174,18 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth under the supervision of the department or in a secured group home under the supervision of a county department if the juvenile is 12 years of age or over or, if the juvenile is under 12 years of age, in a secured child caring institution under the supervision of the department or in a secured group home under the supervision of a county department, unless the department, after an examination under s. 938.50, determines that placement in a secured correctional facility is more appropriate, but only if all of the following apply:

AB443,174,21 (a) The juvenile has been found to be delinquent for the commission of an act which if committed by an adult that would be punishable by a sentence of 6 months or more if committed by an adult.

AB443,175,6 (b) (intro.) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the judge court determines that any of the following conditions applies, but that placement in the serious juvenile offender program under sub. (4h) would is not be appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection:

Note: Permits the court, under s. 938.34 (4m) (intro.), stats., to place a juvenile in either a juvenile correctional facility or a secure residential care center for children and youth. Does not specify age requirements for either placement.

AB443, s. 381 Section 381. 938.34 (4n) (intro.) and (b) of the statutes are amended to read:

AB443,175,15 938.34 (4n) Aftercare supervision. (intro.) Subject to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured juvenile correctional facility, a secured child caring institution, or a secured group home residential care center for children and youth, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured juvenile correctional facility, secured child caring institution, or secured group home residential care center for children and youth:

AB443,175,18 (b) The county department of the county of the court that placed the juvenile in the secured juvenile correctional facility, secured child caring institution or secured group home residential care center for children and youth.

AB443, s. 382 Section 382. 938.34 (5) (a), (am) and (c) of the statutes are amended to read:

AB443,176,11 938.34 (5) (a) Subject to par. (c), if the juvenile is found to have committed a delinquent act which has that resulted in damage to the property of another, or actual physical injury to another excluding pain and suffering, order the juvenile 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 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 The 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 If the juvenile objects to the amount of damages claimed shall entitle, the juvenile is entitled 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).

AB443,176,16 (am) Subject to par. (c), order a juvenile who owes restitution under par. (a) and who is receiving income while placed in a secured juvenile correctional facility, residential treatment care center for children and youth, or other out-of-home placement to contribute a stated specified percentage of that income towards that restitution.

AB443,176,19 (c) Under this subsection, a court may not order a juvenile who is under 14 years of age to make not more than $250 in restitution or to perform not more than 40 total hours of services for the victim as total restitution under the order.

Note: Clarifies, in s. 938.34 (5) (c), stats., that a juvenile under 14 years of age may not make more than $250 in restitution or perform more than 40 hours of services for each dispositional order.

AB443, s. 383 Section 383. 938.34 (5g) (b) of the statutes is amended to read:

AB443,177,6 938.34 (5g) (b) The supervised work program or other community service work shall be of a constructive nature and designed to promote the rehabilitation of the juvenile, shall be appropriate to the age level and physical ability of the juvenile, and shall be combined with counseling from a member of the staff of the county department, community agency, public agency, or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the juvenile's regular attendance at school. Subject to par. (d), the amount of work required shall be reasonably related to the seriousness of the juvenile's offense.

AB443, s. 384 Section 384. 938.34 (6r) (a) and (b) and (6s) of the statutes are amended to read:

AB443,177,19 938.34 (6r) (a) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of treatment for the use or abuse of alcohol beverages, controlled substances, or controlled substance analogs and its medical, personal, family, or social effects, the court may order the juvenile to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile as to whether the juvenile is cooperating with the treatment and whether the treatment appears to be effective.

AB443,178,3 (b) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of education relating to the use of alcohol beverages, controlled substances, or controlled substance analogs, the court may order the juvenile to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile about the juvenile's attendance at the program.

AB443,178,7 (6s) Drug testing. If the report under s. 938.33 (1) indicate indicates that the juvenile is in need of treatment for the use or abuse of controlled substances or controlled substance analogs, order the juvenile to submit to drug testing under a drug testing program that the department shall promulgate by rule.

AB443, s. 385 Section 385. 938.34 (7d) (a) 2., 3. and 4. of the statutes are amended to read:

AB443,178,11 938.34 (7d) (a) 2. Pursuant to Under a contractual agreement with the school district in which the juvenile resides, a nonresidential educational program provided by a licensed child welfare agency.

AB443,178,15 3. Pursuant to Under a contractual agreement with the school district in which the juvenile resides, an educational program provided by a private, nonprofit, nonsectarian agency that is located in the school district in which the juvenile resides and that complies with 42 USC 2000d.

AB443,178,18 4. Pursuant to Under a contractual agreement with the school district in which the juvenile resides, an educational program provided by a technical college district located in the school district in which the juvenile resides.

AB443, s. 386 Section 386. 938.34 (8) of the statutes is amended to read:

AB443,179,15 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section , in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB443, s. 387 Section 387. 938.34 (8d) (c) and (d) of the statutes are amended to read:

AB443,179,23 938.34 (8d) (c) If a juvenile placed in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. If a juvenile placed in a secured group home fails to pay the surcharge under par. (a), the county department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

AB443,180,11 (d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a surcharge imposed by the court. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

Note: Deletes the second sentence in s. 938.34 (8d) (c), stats., to reflect the deletion of references to secured group homes under this bill. See the Note to s. 938.02 (15p), stats., as affected by this bill.

AB443, s. 388 Section 388. 938.34 (13r), (13t), (14d) and (14q) of the statutes are amended to read:

AB443,180,18 938.34 (13r) Violent violation in a school zone. (a) If the juvenile is adjudicated delinquent under for a violation of a violent crime law specified in s. 939.632 (1) (e) in a school zone, as defined in s. 939.632 (1) (d), the court may require that the juvenile participate for 100 hours in a supervised work program under sub. (5g) or perform 100 hours of other community service work.

AB443,180,21 (b) The court shall may not impose the requirement under par. (a) if the court determines that the person juvenile would pose a threat to public safety while completing the requirement.

AB443,181,4 (13t) Graffiti violation. If the juvenile is adjudicated delinquent under for a violation of s. 943.017, the court may require that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under sub. (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.

AB443,181,9 (14d) Hate violations. In addition to any other disposition imposed under this section, if the juvenile is found to have committed a violation under circumstances in which, if committed by an adult, the adult would be subject to a penalty enhancement under s. 939.645, the court may order any one or more of the following dispositions:

AB443,181,10 (a) That the juvenile make restitution Restitution under sub. (5).

AB443,181,12 (b) That the juvenile participate Participation in a supervised work program or other community service work under sub. (5g) or (5m).

AB443,181,15 (c) That the juvenile participate Participation in a victim-offender mediation program under sub. (5r) or otherwise apologize an other means of apologizing to the victim.

AB443,181,17 (d) That the juvenile participate Participation in an educational program under sub. (7n) that includes sensitivity training or training in diversity.

AB443,182,3 (14q) Certain bomb scares and firearm violations. In addition to any other disposition imposed under this section, if the juvenile is found to have violated s. 947.015 and the property involved is owned or leased by the state or any political subdivision of the state, or if the property involved is a school premises, as defined in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235 or 948.605, the court may immediately suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for 2 years. The court shall immediately forward to the department of transportation the notice of suspension, clearly stating that the suspension is for a violation of s. 947.015 involving school premises, or for a violation of s. 941.235 or 948.605. If otherwise eligible, the juvenile is eligible for an occupational license under s. 343.10.

AB443, s. 389 Section 389. 938.34 (14r) (a) of the statutes is amended to read:

AB443,182,11 938.34 (14r) (a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court shall suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with the notice of suspension clearly stating that the suspension or revocation is for a violation of ch. 961.

AB443, s. 390 Section 390. 938.34 (15) (b) of the statutes is amended to read:

AB443,182,15 938.34 (15) (b) The department of justice shall promulgate rules providing procedures for juveniles to provide specimens under par. (a) and for the transportation of those the specimens to the state crime laboratories under s. 165.77.

AB443, s. 391 Section 391. 938.34 (16) of the statutes is amended to read:

AB443,183,9 938.34 (16) Stay of order. After ordering a disposition under this section, enter an additional order staying the execution of the dispositional order contingent on the juvenile's satisfactory compliance with any conditions that are specified in the dispositional order and explained to the juvenile by the court. If the juvenile violates a condition of his or her dispositional order, the agency supervising the juvenile or the district attorney or corporation counsel in the county in which the dispositional order was entered shall notify the court and the court shall hold a hearing within 30 days after the filing of the notice to determine whether the original dispositional order should be imposed, unless the juvenile signs a written waiver of any objections to imposing the original dispositional order and the court approves the waiver. If a hearing is held, the court shall notify the parent, juvenile, guardian , and legal custodian, all parties bound by the original dispositional order, and the district attorney or corporation counsel in the county in which the dispositional order was entered of the time and place of the hearing at least 3 days before the hearing. If all parties consent, the court may proceed immediately with the hearing. The court may not impose the original dispositional order unless the court finds by a preponderance of the evidence that the juvenile has violated a condition of his or her dispositional order.

Note: In s. 938.34 (16), stats., adds the district attorney and corporation counsel as persons who may notify the court of a violation of the dispositional order when the original dispositional order is stayed.

AB443, s. 392 Section 392. 938.342 (1d) (intro.) of the statutes is amended to read:

AB443,183,14 938.342 (1d) Truancy ordinance violations. (intro.) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (1m), the court shall enter an order making one or more of the following dispositions if such a the disposition is authorized by the municipal ordinance:

AB443, s. 393 Section 393. 938.342 (1g) (intro.) and (b) of the statutes are amended to read:

AB443,183,20 938.342 (1g) Habitual truancy ordinance violations. (intro.) If the court finds that a person under 18 years of age violated a municipal ordinance enacted under s. 118.163 (2), the court shall enter an order making one or more of the following dispositions if such a the disposition is authorized by the municipal ordinance:

AB443,184,6 (b) Order the person to participate in counseling or a supervised work program or other community service work as described in s. 938.34 (5g). The costs of any such counseling, supervised work program, or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department, community agency, public agency, or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to under an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person.

AB443, s. 394 Section 394. 938.342 (1g) (f) 1. and 2. of the statutes are amended to read:

AB443,184,11 938.342 (1g) (f) 1. The chief judge of the judicial administrative district has approved a teen court program established in the person's county of residence and the judge court determines that participation in the teen court program will likely benefit the person and the community.

AB443,184,14 2. The person admits or pleads no contest in open court, with in the presence of the person's parent, guardian, or legal custodian present, to the allegations that the person violated the municipal ordinance enacted under s. 118.163 (2).

AB443, s. 395 Section 395. 938.342 (1m), (1r) and (2) of the statutes are amended to read:

AB443,184,22 938.342 (1m) Orders applicable to parents, guardians, and legal custodians. (a) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the dispositions under sub. (1g), order the person's parent, guardian, or legal custodian to participate in counseling at the parent's, guardian's, or legal custodian's own expense or to attend school with the person, or both, if such a the disposition is authorized by the municipal ordinance.

AB443,185,5 (am) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (1m), the court may, as part of the disposition under sub. (1d), order the person's parent or guardian to pay all or part of a forfeiture plus costs assessed under sub. (1d) (b). If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (2), the court may, as part of the dispositions disposition under sub. (1g), order the person's parent or guardian to pay all or part of the costs of any program ordered under sub. (1g) (b) or to pay all or part of a forfeiture plus costs assessed under sub. (1g) (h).

AB443,185,15 (b) No order to any parent, guardian, or legal custodian under par. (a) or (am) may be entered until the parent, guardian, or legal custodian is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place, and purpose of the hearing to be served on the parent, guardian, or legal custodian personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the court. At the hearing, the parent, guardian, or legal custodian may be represented by counsel and may produce and cross-examine witnesses. Any A parent, guardian, or legal custodian who fails to comply with any order issued by a court under par. (a) or (am) may be proceeded against for contempt of court.

AB443,185,22 (1r) School attendance condition. If school attendance under sub. (1d) (a) or (1g) (g) is a condition of an order under sub. (1d) or (1g), the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the person is enrolled to notify the court or, if the person is under the supervision of an agency under sub. (1g) (j), the agency that is responsible for supervising the person , within 5 days after any violation of the condition by the person.

AB443,186,2 (2) School dropout ordinance violation. (a) Except as provided in par. (b), if the court finds that a person is subject to a municipal ordinance enacted under s. 118.163 (2m) (a), the court shall enter an order suspending the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of attains 18 years of age.

AB443,186,6 (b) The court may enter an order making any of the dispositions specified under sub. (1g) if the court finds that suspension of the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of attains 18 years of age would cause an undue hardship to the person or the person's family.

AB443, s. 396 Section 396. 938.343 (1) (title) of the statutes is created to read: