AB443,63,1514 938.06 (5) (a) (intro.) The county board of supervisors of any county may, by
15resolution, authorize the court to use do any of the following:
AB443,63,19 161. Use placement in a secure juvenile detention facility or juvenile portion of
17the county jail as a disposition under s. 938.34 (3) (f), as a sanction under s. 938.355
18(6m) (a) 1g., or as a place of short-term detention under s. 938.355 (6d) (a) 1. or 2.
19or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. or to use
AB443,63,22 202. Use commitment to a county department under s. 51.42 or 51.437 for special
21treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a disposition
22under s. 938.34 (6) (am).
AB443,64,4
1(b) The use by the court of a disposition under s. 938.34 (3) (f) or (6) (am), a
2sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s. 938.355 (6d)
3(a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any resolution adopted
4under this subsection par. (a).
AB443, s. 118 5Section 118. 938.067 (intro.) of the statutes is amended to read:
AB443,64,8 6938.067 Powers and duties of intake workers. (intro.) To carry out the
7objectives and provisions of this chapter but subject to its limitations, intake workers
8shall do all of the following:
AB443, s. 119 9Section 119. 938.067 (1) (title) of the statutes is created to read:
AB443,64,1010 938.067 (1) (title) Screening.
AB443, s. 120 11Section 120. 938.067 (2) and (3) of the statutes are amended to read:
AB443,64,2412 938.067 (2) Interviewing. Interview, unless impossible if possible, any juvenile
13who is taken into physical custody and not released, and where, if appropriate,
14interview other available concerned parties. If the juvenile cannot be interviewed,
15the intake worker shall consult with the juvenile's parent or a responsible adult. No
16juvenile may be placed in a secure juvenile detention facility unless the juvenile has
17been interviewed in person by an intake worker, except that if the intake worker is
18in a place which is distant from the place where the juvenile is or the hour is
19unreasonable, as defined by written court intake rules, and if the juvenile meets the
20criteria under s. 938.208, the intake worker, after consulting by telephone with the
21law enforcement officer who took the juvenile into custody, may authorize the secure
22holding of the juvenile while the intake worker is en route to the in-person interview
23or until 8 a.m. of the morning after the night on which the juvenile was taken into
24custody.
AB443,65,3
1(3) Whether juvenile should be held. Determine whether the juvenile shall
2be held under s. 938.205 and such policies as the judge shall promulgate promulgated
3under s. 938.06 (1) or (2).
AB443, s. 121 4Section 121. 938.067 (4) (title) of the statutes is created to read:
AB443,65,55 938.067 (4) (title) Where juvenile should be held.
AB443, s. 122 6Section 122. 938.067 (5) of the statutes is amended to read:
AB443,65,87 938.067 (5) Crisis counseling. Provide any necessary crisis counseling during
8the intake process when such counseling appears to be necessary.
AB443, s. 123 9Section 123. 938.067 (6) (title), (6g) (title) and (6m) (title) of the statutes are
10created to read:
AB443,65,1111 938.067 (6) (title) Request for petition; deferred prosecution.
AB443,65,12 12(6g) (title) Victims' rights.
AB443,65,13 13(6m) (title) Multidisciplinary screen.
AB443, s. 124 14Section 124. 938.067 (7) of the statutes is amended to read:
AB443,65,1615 938.067 (7) Referrals. Make referrals of cases to other agencies if their
16assistance appears to be is needed or desirable.
AB443, s. 125 17Section 125. 938.067 (8) (title) and (8m) (title) of the statutes are created to
18read:
AB443,65,1919 938.067 (8) (title) Interim recommendations.
AB443,65,20 20(8m) (title) Taking juveniles into custody.
AB443, s. 126 21Section 126. 938.067 (9) of the statutes is amended to read:
AB443,65,2522 938.067 (9) Other functions . Perform any other functions ordered by the
23court, and, when the court or chief judge requests, assist the court or chief judge of
24the judicial administrative district in developing written policies or carrying out its
25other duties when the court or chief judge so requests.
AB443, s. 127
1Section 127. 938.069 (1) (intro.), (c), (dj) and (e) of the statutes are amended
2to read:
AB443,66,53 938.069 (1) Duties. (intro.) The Subject to sub. (2), the staff of the department,
4the court, a county department, or a licensed child welfare agency designated by the
5court to carry out the objectives and provisions of this chapter shall:
AB443,66,86 (c) Make an affirmative effort, and investigate and develop resources, to obtain
7necessary or desired services for the juvenile and the juvenile's family and
8investigate and develop resources toward that end
.
AB443,66,119 (dj) Provide aftercare services for a juvenile who has been released from a
10secured juvenile correctional facility , or a secured child caring institution or a
11secured group home
residential care center for children and youth.
AB443,66,1312 (e) Perform any other court-ordered functions consistent with this chapter
13which are ordered by the court.
AB443, s. 128 14Section 128. 938.069 (2) (title), (3) (title) and (4) (title) of the statutes are
15created to read:
AB443,66,1616 938.069 (2) (title) Agency approval needed.
AB443,66,17 17(3) (title) Intake services.
AB443,66,18 18(4) (title) Qualifications of disposition staff.
AB443, s. 129 19Section 129. 938.07 (2) and (3) of the statutes are amended to read:
AB443,66,2520 938.07 (2) Licensed child welfare agency. The court may request the services
21of a child welfare agency licensed under s. 48.60 in accordance with procedures
22established by that agency. The child welfare agency shall receive no compensation
23for these services but may be reimbursed out of funds made available to the court for
24the actual and necessary expenses incurred in the performance of duties for the
25court.
AB443,67,8
1(3) County department in populous counties. In counties having a population
2of 500,000 or more, the court may order the director of the county department may
3be ordered by the court
to provide services for furnishing emergency shelter care
4services to any juvenile whose need therefor for the services, either by reason of need
5of protection and services or delinquency, is determined by the intake worker under
6s. 938.205. The court may authorize the director to appoint members of the county
7department to furnish emergency shelter care services for the juvenile. The
8emergency shelter care may be provided as specified in under s. 938.207.
AB443, s. 130 9Section 130. 938.08 (1) and (2) of the statutes are amended to read:
AB443,67,1610 938.08 (1) Investigations; reports. It is the duty of each A person appointed
11to furnish services to the court as provided in under ss. 938.06 and 938.07 to shall
12make such any investigations and exercise such any discretionary powers as that the
13judge court may direct, to keep a written record of such the investigations, and to
14submit a report to the judge court. The person shall keep informed concerning the
15conduct and condition of the juvenile under the person's supervision and shall report
16thereon on the conduct and condition as the judge court directs.
AB443,67,23 17(2) Power to take juvenile into custody; limits. Except as provided in sub.
18(3) and ss. 938.355 (6d) and 938.534 (1), any a person authorized to provide or
19providing intake or dispositional services for the court under s. 938.067 or 938.069
20has the power of police officers and deputy sheriffs only for the purpose of taking a
21juvenile into physical custody when the juvenile comes voluntarily or, is suffering
22from illness or injury, or is in immediate danger from his or her surroundings and
23removal from the surroundings is necessary.
AB443, s. 131 24Section 131. 938.08 (3) of the statutes is amended to read:
AB443,68,8
1938.08 (3) Conditions for certain other persons to take juvenile into
2custody.
(a) In addition to the law enforcement authority specified in under sub. (2),
3department personnel designated by the department, personnel of an agency
4contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the
5agency and the department, and personnel of a county contracted with under s.
6301.08 (1) (b) 4. and designated by agreement between the county and the
7department have the power of law enforcement authorities to take a juvenile into
8physical custody under the following conditions:
AB443,68,119 1. If they are in prompt pursuit of a juvenile who has run away from a secured
10juvenile correctional facility, or a residential care center for children and youth, or
11a secured group home
.
AB443,68,1412 2. If the juvenile has failed to return to a secured juvenile correctional facility,
13or a residential care center for children and youth , or a secured group home after any
14authorized absence.
AB443,68,1815 (b) A juvenile who is taken into custody under par. (a) may be returned directly
16to the secured juvenile correctional facility, or residential care center for children and
17youth, or secured group home and shall have a hearing regarding placement in a
18disciplinary cottage or
in disciplinary status in accordance with ch. 227.
Note: Deletes the reference to "disciplinary cottage" in s. 938.08 (3) (b), stats.,
because it is an outdated concept.
AB443, s. 132 19Section 132. 938.09 (1) to (6) of the statutes are amended to read:
AB443,68,2120 938.09 (1) Delinquency. By the district attorney, in any matter arising under
21s. 938.12.
AB443,69,5 22(2) Civil law violation. By the district attorney or, if designated by the county
23board of supervisors, by the corporation counsel, in any matter concerning a civil law

1violation arising under s. 938.125. If the county board transfers this authority to or
2from the district attorney on or after May 11, 1990, the board may do so only if the
3action is effective on September 1 of an odd-numbered year and the board notifies
4the department of administration of that change by January 1 of that odd-numbered
5year.
AB443,69,8 6(3) Municipal ordinance violation. By the city, village, or town attorney, in
7any matter concerning a city, village, or town ordinance violation, respectively,
8arising under s. 938.125.
AB443,69,11 9(4) County ordinance violation. By any an appropriate person designated by
10the county board of supervisors in any matter concerning a noncity county ordinance
11violation arising under s. 938.125.
AB443,69,18 12(5) Juvenile in need of protection or services. By the district attorney or, if
13designated by the county board of supervisors, by the corporation counsel, in any
14matter arising under s. 938.13. If the county board transfers this authority to or from
15the district attorney on or after May 11, 1990, the board may do so only if the action
16is effective on September 1 of an odd-numbered year and the board notifies the
17department of administration of that change by January 1 of that odd-numbered
18year.
AB443,69,20 19(6) Interstate compact . By any an appropriate person designated by the
20county board of supervisors in any matter arising under s. 938.14.
AB443, s. 133 21Section 133. 938.10 of the statutes is amended to read:
AB443,70,2 22938.10 Power of the judge to act as intake worker. The duties of the intake
23worker may be carried out from time to time by the judge at his or her discretion, but
24except that if a request to file a petition is made, a citation is issued, or a deferred

1prosecution agreement is entered into, the judge shall be is disqualified from
2participating further in the proceedings.
AB443, s. 134 3Section 134. 938.12 of the statutes is amended to read:
AB443,70,7 4938.12 Jurisdiction over juveniles alleged to be delinquent. (1) In
5general.
The court has exclusive jurisdiction, except as provided in ss. 938.17,
6938.18, and 938.183, over any juvenile 10 years of age or over older who is alleged
7to be delinquent.
AB443,70,12 8(2) Seventeen-year olds. If a court proceeding has been commenced under this
9section before a
petition alleging that a juvenile is delinquent is filed before the
10juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting
11the facts of the petition at the plea hearing or if the juvenile denies the facts, before
12an adjudication, the court retains jurisdiction over the case.
Note: Clarifies, in s. 938.12 (2), stats., that a delinquency proceeding is commenced
when a delinquency petition is filed. [D.W.B. v. State, 158 Wis. 2d 398, 401, 462 N.W.2d
520, 521 (1990).]
AB443, s. 135 13Section 135. 938.125 (intro.) and (2) of the statutes are amended to read:
AB443,70,17 14938.125 Jurisdiction over juveniles alleged to have violated civil laws
15or ordinances.
(intro.) The court has exclusive jurisdiction over any a juvenile
16alleged to have violated a law punishable by forfeiture or a county, town, or other
17municipal ordinance, except as follows:
AB443,70,21 18(2) That the The court has exclusive jurisdiction over any a juvenile alleged to
19have violated an ordinance enacted under s. 118.163 (2) only if evidence is provided
20by the school attendance officer that the activities under s. 118.16 (5) have been
21completed or were not required to be completed as provided in s. 118.16 (5m).
AB443, s. 136 22Section 136. 938.13 of the statutes is amended to read:
AB443,71,4
1938.13 Jurisdiction over juveniles alleged to be in need of protection
2or services.
The court has exclusive original jurisdiction over a juvenile alleged to
3be in need of protection or services which can be ordered by the court , and if any of
4the following conditions applies
:
AB443,71,7 5(4) Uncontrollable. Whose The juvenile's parent or guardian signs the
6petition requesting jurisdiction under this subsection and is unable or needs
7assistance to control the juvenile.
AB443,71,12 8(6) Habitually truant from school. Who Except as provided under s. 938.17
9(2), the juvenile
is habitually truant from school, if and evidence is provided by the
10school attendance officer that the activities under s. 118.16 (5) have been completed
11or were not required to be completed as provided in s. 118.16 (5m) , except as provided
12under s. 938.17 (2)
.
AB443,71,14 13(6m) School dropout. Who The juvenile is a school dropout, as defined in s.
14118.153 (1) (b).
AB443,71,18 15(7) Habitually truant from home. Who The juvenile is habitually truant from
16home and either the juvenile or, a parent , or guardian, or a relative in whose home
17the juvenile resides signs the petition requesting jurisdiction and attests in court
18that reconciliation efforts have been attempted and have failed.
AB443,71,20 19(12) Delinquent act before age 10. Who, being The juvenile is under 10 years
20of age, and has committed a delinquent act as defined in s. 938.12.
AB443,71,24 21(14) Not responsible or not competent. Who The juvenile has been
22determined, under s. 938.30 (5) (c), to be not responsible for a delinquent act by
23reason of mental disease or defect or who has been determined, under s. 938.30 (5)
24(d), to be not competent to proceed.
AB443, s. 137 25Section 137. 938.135 of the statutes is amended to read:
AB443,72,7
1938.135 Referral of juveniles to proceedings under ch. 51 or 55. (1)
2Juvenile with developmental disability, mental illness, or alcohol or drug
3dependency.
If a juvenile alleged to be delinquent or in need of protection or services
4is before the court and it appears that the juvenile is developmentally disabled,
5mentally ill or
to have a developmental disability or mental illness or to be drug
6dependent or suffers suffering from alcoholism, the court may proceed under ch. 51
7or 55.
AB443,72,11 8(2) Admissions, placements, and commitments to inpatient facilities. Any
9voluntary or involuntary admissions, placements, or commitments of a juvenile
10made in or to an inpatient facility, as defined in s. 51.01 (10), other than a
11commitment under s. 938.34 (6) (am) shall be, are governed by ch. 51 or 55.
AB443, s. 138 12Section 138. 938.15 of the statutes is amended to read:
AB443,72,20 13938.15 Jurisdiction of other courts to determine legal custody. Nothing
14contained in s. 938.12, 938.13 or 938.14 this chapter deprives other courts another
15court
of the right to determine the legal custody of juveniles a juvenile by habeas
16corpus or to determine the legal custody or guardianship of juveniles a juvenile if the
17legal custody or guardianship is incidental to the determination of causes an action
18pending in the other courts that court. But the jurisdiction of the court assigned to
19exercise jurisdiction under this chapter and ch. 48 is paramount in all cases involving
20juveniles alleged to come within the provisions of ss. 938.12 to 938.14.
AB443, s. 139 21Section 139. 938.17 (title) and (1) (intro.) and (c) of the statutes are amended
22to read:
AB443,73,11 23938.17 (title) Jurisdiction over traffic, boating, snowmobile, and
24all-terrain vehicle violations and over civil law and ordinance violations.

25(1) Traffic, boating, snowmobile and all-terrain vehicle violations. (intro.)

1Except for violations of ss. 342.06 (2) and 344.48 (1), and violations of ss. 30.67 (1)
2and 346.67 (1) when death or injury occurs, courts of criminal and civil jurisdiction
3shall have exclusive jurisdiction in proceedings against juveniles 16 years of age or
4older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341 to 351, and of traffic
5regulations, as defined in s. 345.20, and nonmoving traffic violations, as defined in
6s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile , or all-terrain
7vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult
8before the trial of the proceeding except that the juvenile may be held in secure
9custody only in a secure juvenile detention facility. A juvenile convicted of a traffic,
10boating, snowmobile, or all-terrain vehicle offense in a court of criminal or civil
11jurisdiction shall be treated as an adult for sentencing purposes except as follows:
AB443,73,1812 (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a
13period of incarceration of 6 months or more, that court shall petition the court
14assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more
15of the dispositions provided in under s. 938.34, including placement of the juvenile
16in a secured juvenile correctional facility, a secured child caring institution or a
17secured group home under s. 938.34 (4m) residential care center for children and
18youth
, if appropriate.
AB443, s. 140 19Section 140. 938.17 (2) (a) (title) of the statutes is created to read:
AB443,73,2120 938.17 (2) (a) (title) Concurrent municipal and juvenile court jurisdiction;
21ordinance violations.
AB443, s. 141 22Section 141. 938.17 (2) (a) 2. d. and 3. of the statutes are amended to read:
AB443,74,223 938.17 (2) (a) 2. d. If the municipality specified under subd. 2. b. or c. has not
24adopted an ordinance under s. 118.163, the municipal court that may exercise
25jurisdiction under subd. 1. is the municipal court that is located in the municipality

1where the juvenile resides, if that municipality has adopted an ordinance under s.
2118.163.
AB443,74,43 3. When a juvenile is alleged to have violated a municipal ordinance, the
4juvenile
one of the following may be occur:
AB443,74,65 a. Issued The juvenile may be issued a citation directing the juvenile to appear
6in municipal court or make a deposit or stipulation and deposit in lieu of appearance;.
AB443,74,107 b. Issued The juvenile may be issued a citation directing the juvenile to appear
8in the court assigned to exercise jurisdiction under this chapter and ch. 48 or make
9a deposit or stipulation and deposit in lieu of appearance as provided in s. 938.237;
10or
.
AB443,74,1311 c. Referred The juvenile may be referred to intake for a determination whether
12a petition should be filed in the court assigned to exercise jurisdiction under this
13chapter and ch. 48 pursuant to under s. 938.125.
AB443, s. 142 14Section 142. 938.17 (2) (b) to (cm) of the statutes are amended to read:
AB443,74,1915 938.17 (2) (b) Juvenile court jurisdiction; civil law and ordinance violations.
16When a juvenile 12 years of age or older is alleged to have violated a civil law
17punishable by a forfeiture or where a juvenile is alleged to have violated a municipal
18ordinance but there is no municipal court in the municipality, the juvenile one of the
19following
may be occur:
Loading...
Loading...