AB443: Bill Text

Note: Deletes the reference to "prosecutive merit" in s. 938.18 (5) (b), stats., because the determination of whether the matter before the court has prosecutive merit is governed by s. 938.18 (4) (a), stats.

AB443, s. 162 Section 162. 938.18 (6) of the statutes is amended to read:

AB443,83,15 938.18 (6) Decision on waiver. After considering the criteria under sub. (5), the court shall state its finding with respect to the criteria on the record, and, if the court determines on the record that it there is established by clear and convincing evidence that it would be is contrary to the best interests of the juvenile or of the public to hear the case, the court shall enter an order waiving jurisdiction and referring the matter to the district attorney for appropriate proceedings in the court of criminal jurisdiction, and the. After the order, the court of criminal jurisdiction thereafter has exclusive jurisdiction.

AB443, s. 163 Section 163. 938.18 (7) (title), (8) (title) and (9) (title) of the statutes are created to read:

AB443,83,18 938.18 (7) (title) Juvenile who absconds.

AB443,83,19 (8) (title) Transfer to adult facility; bail.

AB443,83,20 (9) (title) Criminal charge.

AB443, s. 164 Section 164. 938.183 (1) (title) of the statutes is created to read:

AB443,83,22 938.183 (1) (title) Juveniles under adult court jurisdiction.

AB443, s. 165 Section 165. 938.183 (1) (a) and (am) of the statutes are amended to read:

AB443,84,6 938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured juvenile correctional facility, a secure juvenile detention facility, a secured child caring institution or a secured group home residential care center for children and youth or who has been adjudicated delinquent and who is alleged to have committed a violation of s. 940.20 (2m).

AB443,84,9 (am) A juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 10th birthday, but before the juvenile's 15th birthday.

Note: This language is deleted to reflect the reorganization of s. 938.183 (1m) and (2), stats., by this bill.

AB443, s. 166 Section 166. 938.183 (1m) (intro.) and (c) 1. and 2. of the statutes are amended to read:

AB443,84,15 938.183 (1m) Criminal penalties and procedures. (intro.) Notwithstanding subchs. IV to VI, a juvenile described in sub. (1) is subject to the procedures specified in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile is alleged to have committed except as follows:

AB443,84,23 (c) 1. The Except as provided in subd. 3., the court of criminal jurisdiction finds that the juvenile has committed a lesser offense or a joined offense that is not a violation of s. 940.20 (1) or (2m) or 946.43 under the circumstances described in sub. (1) (a), that is not an attempt to violate s. 940.01 under the circumstances described in sub. (1) (am), that is not a violation of s. 940.02 or 940.05 under the circumstances described in sub. (1) (am), and that is not an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18.

AB443,85,11 2. The Except as provided in subd. 3., the court of criminal jurisdiction finds that the juvenile has committed a lesser offense or a joined offense that is a violation of s. 940.20 (1) or (2m) or 946.43 under the circumstances described in sub. (1) (a), that is an attempt to violate s. 940.01 under the circumstances described in sub. (1) (am), that is a violation of s. 940.02 or 940.05 under the circumstances described in sub. (1) (am), or that is an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18 and the court of criminal jurisdiction, after considering the criteria specified in s. 938.18 (5), determines that the juvenile has proved by clear and convincing evidence that it would be in the best interests of the juvenile and of the public to adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34.

AB443, s. 167 Section 167. 938.183 (2) of the statutes is renumbered 938.183 (1m) (c) 3. and amended to read:

AB443,86,16 938.183 (1m) (c) 3. Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction have exclusive original jurisdiction over For a juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 15th birthday. Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction also have exclusive original jurisdiction over a juvenile specified in the preceding sentence who is alleged to have attempted or committed a violation of any state law in addition to the violation alleged under the preceding sentence if the violation alleged under this sentence and the violation alleged under the preceding sentence may be joined under s. 971.12 (1). Notwithstanding subchs. IV to VI, a juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 15th birthday and a juvenile who is alleged to have attempted or committed a violation of any state criminal law, if that violation and an attempt to commit a violation of s. 940.01 or the commission of a violation of s. 940.01, 940.02 or 940.05 may be joined under s. 971.12 (1), is subject to the procedures specified in chs. 967 to 979 and the criminal penalties provided for the crime that the juvenile is alleged to have committed, except that the court of criminal jurisdiction shall, in lieu of convicting the juvenile, adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34 if, the court of criminal jurisdiction finds that the juvenile has committed a lesser offense than the offense alleged under this subsection or has committed an offense that is joined under s. 971.12 (1) to an attempt to commit a violation of s. 940.01 or to the commission of a violation of s. 940.01, 940.02 or 940.05, but has not attempted to commit a violation of s. 940.01 or committed a violation of s. 940.01, 940.02, or 940.05, and the court of criminal jurisdiction, after considering the criteria specified in under s. 938.18 (5), determines that the juvenile has proved by clear and convincing evidence that it would be in the best interests of the juvenile and of the public to adjudge the juvenile to be delinquent and impose a disposition specified in under s. 938.34.

AB443, s. 168 Section 168. 938.183 (3) of the statutes is amended to read:

AB443,87,2 938.183 (3) Placement in state prison; parole. When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) or s. 938.183 (2), 2003 stats., attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01, except that the department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under sub. (1m) or (2) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

Note: Deletes the second-to-last sentence because the authority to transfer juveniles to the Racine Youthful Offender Correctional Facility under s. 938.357 (4) (d), stats., is repealed in this bill. See the Note to s. 938.357 (4) (d), stats., as affected by this bill.

AB443, s. 169 Section 169. 938.183 (4) (title) of the statutes is created to read:

AB443,87,4 938.183 (4) (title) Child support.

AB443, s. 170 Section 170. 938.185 (1) (title) of the statutes is created to read:

AB443,87,6 938.185 (1) (title) Proceedings generally.

AB443, s. 171 Section 171. 938.185 (2) of the statutes is amended to read:

AB443,87,13 938.185 (2) Revision and extension of orders. Venue for any proceeding under s. 938.363 or 938.365 shall be in the county where the dispositional order was issued, unless the juvenile's county of residence has changed, or the parent of the juvenile has resided in a different county of this state for at least 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the juvenile or parent.

AB443, s. 172 Section 172. 938.185 (3) (title) and (4) (title) of the statutes are created to read:

AB443,87,15 938.185 (3) (title) Sex offender registry violations.

AB443,87,16 (4) (title) American Indian juveniles.

AB443, s. 173 Section 173. 938.19 (1) (title) of the statutes is created to read:

AB443,87,18 938.19 (1) (title) Criteria.

AB443, s. 174 Section 174. 938.19 (1) (b) and (c) of the statutes are amended to read:

AB443,87,20 938.19 (1) (b) A capias issued by a judge court under s. 938.28.

AB443,88,2 (c) An A court order of the judge if made upon there is a showing satisfactory to the judge that the welfare of the juvenile demands that the juvenile be immediately removed from his or her present custody. The order shall specify that the juvenile be held in custody under s. 938.207.

AB443, s. 175 Section 175. 938.19 (1) (d) 1., 6. and 7. of the statutes are amended to read:

AB443,88,5 938.19 (1) (d) 1. A capias or a warrant for the juvenile's apprehension has been issued in this state, or that the juvenile is a fugitive from justice.

AB443,88,11 6. The juvenile has violated a condition of court-ordered supervision or aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured juvenile correctional facility or a Type 2 child caring institution residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

AB443,88,13 7. The juvenile has violated the conditions of an order under s. 938.21 (4) or the conditions of an order for temporary physical custody issued by an intake worker.

AB443, s. 176 Section 176. 938.19 (1m) and (2) of the statutes are amended to read:

AB443,88,20 938.19 (1m) Truancy. A juvenile who is absent from school without an acceptable excuse under s. 118.15 may be taken into custody by an individual designated under s. 118.16 (2m) (a) if the school attendance officer of the school district in which the juvenile resides, or the juvenile's parent, guardian, or legal custodian, requests that the juvenile be taken into custody. The request shall specifically identify the juvenile.

AB443,89,5 (2) Notification of parent, guardian, legal custodian. When a juvenile is taken into physical custody as provided in under this section, the person taking the juvenile into custody shall immediately attempt to notify the parent, guardian, and legal custodian of the juvenile by the most practical means. The person taking the juvenile into custody shall continue such attempt until the parent, guardian, and legal custodian of the juvenile are notified, or the juvenile is delivered to an intake worker under s. 938.20 (3), whichever occurs first. If the juvenile is delivered to the intake worker before the parent, guardian, and legal custodian are notified, the intake worker, or another person at his or her direction, shall continue the attempt to notify until the parent, guardian, and legal custodian of the juvenile are notified.

AB443, s. 177 Section 177. 938.19 (3) (title) of the statutes is created to read:

AB443,89,7 938.19 (3) (title) Not an arrest.

AB443, s. 178 Section 178. 938.20 (2) (title) of the statutes is created to read:

AB443,89,9 938.20 (2) (title) Release of juvenile.

AB443, s. 179 Section 179. 938.20 (2) (cm) and (d) of the statutes are amended to read:

AB443,89,17 938.20 (2) (cm) If the juvenile has violated a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured juvenile correctional facility or a Type 2 child caring institution residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department or county department, whichever has supervision over the juvenile.

AB443,89,19 (d) If the juvenile is a runaway, the person who took the juvenile into custody may release the juvenile to a home authorized under s. 48.227.

AB443, s. 180 Section 180. 938.20 (3) of the statutes is amended to read:

AB443,90,8 938.20 (3) Notification to parent, guardian, legal custodian of release. If the juvenile is released under sub. (2) (b) to (d) or (g), the person who took the juvenile into custody shall immediately notify the juvenile's parent, guardian , and legal custodian of the time and circumstances of the release and the person, if any, to whom the juvenile was released. If the juvenile is not released under sub. (2), the person who took the juvenile into custody shall arrange in a manner determined by the court and law enforcement agencies for the juvenile to be interviewed by the intake worker under s. 938.067 (2), and. The person who took the juvenile into custody shall make a statement in writing with supporting facts of the reasons why the juvenile was taken into physical custody and shall give any juvenile 10 years of age or older a copy of the statement in addition to giving a copy to the intake worker. When and to any juvenile 10 years of age or older. If the intake interview is not done in person, the report may be read to the intake worker.

AB443, s. 181 Section 181. 938.20 (4) (title) of the statutes is created to read:

AB443,90,10 938.20 (4) (title) Delivery to hospital or physician.

AB443, s. 182 Section 182. 938.20 (5) of the statutes is amended to read:

AB443,90,19 938.20 (5) (title) Emergency detention of juvenile. If the juvenile is believed to have a mental illness or developmental disability or to be mentally ill, drug dependent or developmentally disabled, and exhibits conduct which that constitutes a substantial probability of physical harm to the juvenile or to others, or a very substantial probability of physical impairment or injury to the juvenile exists due to the impaired judgment of the juvenile, and if the standards of s. 51.15 are met, the person taking the juvenile into physical custody, the intake worker , or other appropriate person shall proceed under s. 51.15.

AB443, s. 183 Section 183. 938.20 (6) (title) and (7) (title) of the statutes are created to read:

AB443,90,21 938.20 (6) (title) Delivery of intoxicated juvenile.

AB443,90,22 (7) (title) Duties of intake worker.

AB443, s. 184 Section 184. 938.20 (7) (a) and (b) of the statutes are amended to read:

AB443,91,2 938.20 (7) (a) When a juvenile who is possibly involved in a delinquent act is interviewed by an intake worker, the intake worker shall inform any the juvenile possibly involved in a delinquent act of his or her right to counsel and the right against self-incrimination.

AB443,91,7 (b) The intake worker shall review the need to hold the juvenile in custody and shall make every effort to release the juvenile from custody as provided in par. (c). The intake worker shall base his or her decision as to whether to release the juvenile or to continue to hold the juvenile in custody on the criteria specified in under s. 938.205 and criteria established under s. 938.06 (1) or (2).

AB443, s. 185 Section 185. 938.20 (7) (c) 1., 1m. and 2. of the statutes are amended to read:

AB443,91,14 938.20 (7) (c) 1. To a parent, guardian, or legal custodian, or, to a responsible adult if the parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the juvenile, release the juvenile to a responsible adult, counseling or warning the juvenile as may be appropriate, ; or, if the juvenile is 15 years of age or older, release the juvenile without immediate adult supervision, counseling or warning the juvenile as may be appropriate.

AB443,91,20 1m. In the case of a juvenile who has violated a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured juvenile correctional facility or a Type 2 child caring institution residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department or county department, whichever has supervision of the juvenile.

AB443,91,21 2. In the case of a runaway juvenile, to a home authorized under s. 48.227.

AB443, s. 186 Section 186. 938.20 (8) (title) of the statutes is created to read:

AB443,91,23 938.20 (8) (title) Notification that held in custody.

AB443, s. 187 Section 187. 938.20 (8) of the statutes is renumbered 938.20 (8) (a) and amended to read:

AB443,92,17 938.20 (8) (a) If a juvenile is held in custody, the intake worker shall notify the juvenile's parent, guardian, and legal custodian of the reasons for holding the juvenile in custody and of the juvenile's whereabouts unless there is reason to believe that notice would present imminent danger to the juvenile. If a juvenile who has violated a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534 is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the detention hearing required under s. 938.21. The parent, guardian, and legal custodian shall also be notified of the time and place of the detention hearing required under s. 938.21, the nature and possible consequences of that the hearing, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian, or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When

AB443,92,21 (b) If the juvenile is alleged to have committed a delinquent act, the juvenile shall receive the same notice about the detention hearing as the parent, guardian, or legal custodian. The intake worker shall notify both the juvenile and the juvenile's parent, guardian, or legal custodian.

Note: The stricken language in s. 938.20 (8) (a), stats., is included in new s. 938.20 (8) (c), stats., as created by this bill.

AB443, s. 188 Section 188. 938.20 (8) (c) of the statutes is created to read:

AB443,93,9 938.20 (8) (c) If a juvenile who has violated a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534 is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the detention hearing required under s. 938.21.

AB443, s. 189 Section 189. 938.205 of the statutes is amended to read:

AB443,93,14 938.205 Criteria for holding a juvenile in physical custody. (1) Criteria. A juvenile may be held under s. 938.207, 938.208, or 938.209 (1) if the intake worker determines that there is probable cause to believe the juvenile is within the jurisdiction of the court and if probable cause exists to believe any of the following:

AB443,93,16 (a) That the juvenile is not held he or she will commit injury to the person or property of others if not held.

AB443,93,20 (b) That the parent, guardian, or legal custodian of the juvenile or other responsible adult is neglecting, refusing, unable, or unavailable to provide adequate supervision and care and that services to ensure the juvenile's safety and well-being are not available or would be inadequate.

AB443,94,3 (c) That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, proceedings of the division of hearings and appeals in the department of administration for revocation of aftercare supervision, or action by the department or county department relating to a violation of a condition of the juvenile's placement in a Type 2 secured juvenile correctional facility or a Type 2 child caring institution residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

AB443,94,6 (2) Applicability. The criteria for holding a juvenile in custody specified in under this section shall govern the decision of all persons responsible for determining whether the action is appropriate.

AB443, s. 190 Section 190. 938.207 (1) (title) of the statutes is created to read:

AB443,94,8 938.207 (1) (title) Where may be held.

AB443, s. 191 Section 191. 938.207 (1) (c), (cm) and (f) and (2) of the statutes are amended to read:

AB443,94,12 938.207 (1) (c) A licensed foster home or a licensed treatment foster home provided if the placement does not violate the conditions of the license.

AB443,94,14 (cm) A licensed group home provided that if the placement does not violate the conditions of the license.

AB443,94,20 (f) The home of a person not a relative, if the placement does not exceed 30 days, though the placement may be extended for an additional 30 days for cause by the court, and if the person has not had a foster home or treatment foster home license refused, revoked, or suspended within the last previous 2 years. Such a placement may not exceed 30 days, unless the placement is extended by the court for cause for an additional 30 days.

AB443,95,2 (2) Payment. If a facility listed in sub. (1) (b) to (k) is used to hold juveniles a juvenile in custody, or if supervisory services of a home detention program are provided to juveniles a juvenile held under sub. (1) (a), its authorized rate shall be paid by the county shall pay the facility's authorized rate for the care of the juvenile. If no authorized rate has been established, the court shall fix a reasonable sum to be fixed by the court shall be paid by the county for the supervision or care of the juvenile.

AB443, s. 192 Section 192. 938.208 (1) (intro.) and (2) of the statutes are amended to read:

AB443,95,16 938.208 (1) Delinquent act and risk of harm or running away. (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing, a revocation of aftercare supervision hearing, or action by the department or county department relating to a violation of a condition of the juvenile's placement in a Type 2 secured juvenile correctional facility or a Type 2 child caring institution residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534. For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person: