AB1036,62 14Section 62. 938.12 (1) of the statutes is amended to read:
AB1036,30,1715 938.12 (1) In general. The court has exclusive jurisdiction, except as provided
16in ss. 938.17, 938.18, and 938.183, over any juvenile 10 13 years of age or older who
17is alleged to be delinquent.
AB1036,63 18Section 63 . 938.12 (2) of the statutes is amended to read:
AB1036,30,2319 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition
20alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
21becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
22the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
23an adjudication, the court retains jurisdiction over the case.
AB1036,64 24Section 64. 938.13 (12) of the statutes is amended to read:
AB1036,31,2
1938.13 (12) Delinquent act before age 10 13 . The juvenile is under 10 13 years
2of age and has committed a delinquent act.
AB1036,65 3Section 65 . 938.18 (1) (a) of the statutes is amended to read:
AB1036,31,64 938.18 (1) (a) The juvenile is alleged to have violated s. 940.03, 940.06, 940.225
5(1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.10 (2), 943.32 (2), 943.87 or 961.41 (1)
6on or after the juvenile's 14th 16th birthday.
AB1036,66 7Section 66 . 938.18 (1) (b) of the statutes is amended to read:
AB1036,31,118 938.18 (1) (b) The juvenile is alleged to have committed a violation on or after
9the juvenile's 14th 16th birthday at the request of or for the benefit of a criminal gang,
10as defined in s. 939.22 (9), that would constitute a felony under chs. 939 to 948 or 961
11if committed by an adult.
AB1036,67 12Section 67 . 938.18 (1) (bm) of the statutes is created to read:
AB1036,31,1413 938.18 (1) (bm) The juvenile is alleged to have committed a violation on or after
14the juvenile's 14th birthday that would constitute a Class A or Class B felony.
AB1036,68 15Section 68 . 938.18 (1) (c) of the statutes is repealed.
AB1036,69 16Section 69 . 938.18 (2) of the statutes is amended to read:
AB1036,31,2517 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
18district attorney or the juvenile or may be initiated by the court and shall contain a
19brief statement of the facts supporting the request for waiver. The petition for waiver
20of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
21delinquency and shall be filed prior to the plea hearing, except that if the juvenile
22denies the facts of the petition and becomes 17 years of age an adult before an
23adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
24the adjudication. If the court initiates the petition for waiver of jurisdiction, the
25judge shall disqualify himself or herself from any future proceedings on the case.
AB1036,70
1Section 70. 938.183 (1) (intro.) of the statutes is amended to read:
AB1036,32,42 938.183 (1) Juveniles under adult court jurisdiction. (intro.)
3Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal
4jurisdiction have exclusive original jurisdiction over all of the following:
AB1036,71 5Section 71. 938.183 (1) (am) of the statutes is amended to read:
AB1036,32,86 938.183 (1) (am) A juvenile who is alleged to have attempted or committed a
7violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after
8the juvenile's 10th 13th birthday.
AB1036,72 9Section 72. 938.183 (1d) of the statutes is created to read:
AB1036,32,1610 938.183 (1d) Nonapplicability. A court of criminal jurisdiction does not have
11exclusive original jurisdiction over a juvenile as provided in sub. (1) with respect to
12any violation committed on or after the effective date of this subsection .... [LRB
13inserts date]. A juvenile who is alleged to have committed a violation described in
14sub. (1) on or after the effective date of this subsection .... [LRB inserts date], is
15subject to the jurisdiction of the court assigned to exercise jurisdiction under this
16chapter as provided in s. 938.12.
AB1036,73 17Section 73 . 938.183 (3) of the statutes is amended to read:
AB1036,32,2518 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013
19(3m), when
a juvenile who is subject to a criminal penalty under sub. (1m) or s.
20938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
21of corrections may place the juvenile in a state prison named in s. 302.01, except that
22that department may not place any person under the age of 18 years in the
23correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
24criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
25committed before December 31, 1999, is eligible for parole under s. 304.06.
AB1036,74
1Section 74. 938.195 (title) of the statutes is amended to read:
AB1036,33,3 2938.195 (title) Recording custodial Custodial interrogations;
3notification; recording
.
AB1036,75 4Section 75. 938.195 (1) (a) of the statutes is amended to read:
AB1036,33,135 938.195 (1) (a) “Custodial interrogation" has the meaning given in s. 968.073
6(1) (a)
means an interrogation by a law enforcement officer or an agent of a law
7enforcement agency of a juvenile who is suspected to have violated any state or
8federal criminal law from the time the juvenile is or should be informed of his or her
9rights to counsel and to remain silent until the questioning ends, during which the
10officer or agent asks a question that is reasonably likely to elicit an incriminating
11response and during which a reasonable juvenile of a similar age would believe that
12he or she is in custody or otherwise deprived of his or her freedom of action in any
13significant way
.
AB1036,76 14Section 76. 938.195 (1m) of the statutes is created to read:
AB1036,33,2115 938.195 (1m) Notification of parent, guardian, legal custodian, or Indian
16custodian.
Prior to conducting a custodial interrogation of a juvenile, the law
17enforcement agency that intends to conduct the interrogation shall provide notice of
18that intent to the juvenile's parent, guardian, legal custodian, or Indian custodian.
19No law enforcement officer or agent of a law enforcement agency may commence a
20custodial interrogation of a juvenile until the juvenile's parent, guardian, legal
21custodian, or Indian custodian has received that notice.
AB1036,77 22Section 77. 938.195 (2) (title) of the statutes is amended to read:
AB1036,33,2323 938.195 (2) (title) When recording required.
AB1036,78 24Section 78 . 938.195 (2) (a) of the statutes is amended to read:
AB1036,34,3
1938.195 (2) (a) A law enforcement agency shall make an audio or audio and
2visual recording of any custodial interrogation of a juvenile that is conducted at a
3place of detention unless a condition under s. 938.31 (3) (c) 1. to 4. or 5. applies.
AB1036,79 4Section 79 . 938.195 (2) (b) of the statutes is amended to read:
AB1036,34,85 938.195 (2) (b) If feasible, a law enforcement agency shall make an audio or
6audio and visual recording of any custodial interrogation of a juvenile that is
7conducted at a place other than a place of detention unless a condition under s. 938.31
8(3) (c) 1. to 4. or 5. applies.
AB1036,80 9Section 80. 938.195 (3) (title) of the statutes is amended to read:
AB1036,34,1010 938.195 (3) (title) Notice not required.
AB1036,81 11Section 81. 938.195 (3) of the statutes is renumbered 938.195 (3) (a) and
12amended to read:
AB1036,34,1613 938.195 (3) (a) A law enforcement officer or agent of a law enforcement agency
14conducting a custodial interrogation is not required to inform the subject of the
15interrogation that the officer or agent is making an audio or audio and visual
16recording of the interrogation.
AB1036,82 17Section 82. 938.195 (3) (b) of the statutes is created to read:
AB1036,34,2118 938.195 (3) (b) Prior to conducting a custodial interrogation of a juvenile who
19has not yet attained the age of 16, a law enforcement officer or agent of a law
20enforcement agency shall notify the juvenile that he or she is in custody for the
21purposes of an interrogation.
AB1036,83 22Section 83. 938.24 (2) (title) and (b) of the statutes are amended to read:
AB1036,34,2423 938.24 (2) (title) Multidisciplinary screens; intake conferences; preliminary
24inquiries; juvenile classification system
.
AB1036,35,3
1(b) No juvenile or other person may be compelled by an intake worker to appear
2at any conference, participate in a multidisciplinary screen or use of the juvenile
3classification system under s. 938.549
, produce any papers, or visit any place.
AB1036,84 4Section 84. 938.24 (2) (ag) and (ar) of the statutes are created to read:
AB1036,35,75 938.24 (2) (ag) As part of the intake inquiry, the intake worker shall make a
6preliminary inquiry to determine whether the juvenile is eligible for a deferred
7prosecution agreement under s. 938.245 (1g).
AB1036,35,118 (ar) As part of the intake inquiry, the intake worker, after providing notice to
9the juvenile, parent, guardian, and legal custodian, and if the juvenile has not
10refused to participate under par. (b), the intake worker shall use the juvenile
11classification system under s. 938.549.
AB1036,85 12Section 85. 938.245 (1) of the statutes is renumbered 938.245 (1d).
AB1036,86 13Section 86. 938.245 (1b) of the statutes is created to read:
AB1036,35,1514 938.245 (1b) Definition. In this section, “status offense” means a violation of
15the law that would not be a violation if committed by an adult.
AB1036,87 16Section 87. 938.245 (1g) of the statutes is created to read:
AB1036,35,2017 938.245 (1g) When required. (a) Unless an intake worker decides to close a
18case, and except as provided under par. (c) and sub. (6) (b), the intake worker shall
19enter into a written deferred prosecution agreement with all parties as provided in
20this section if all of the following apply:
AB1036,35,2421 1. The juvenile is referred because he or she is alleged to have committed a
22status offense or an act that would be a misdemeanor if committed by an adult or
23violated a civil law punishable by forfeiture or a county, town, or other municipal
24ordinance.
AB1036,35,2525 2. The juvenile has no more than 2 prior adjudications.
AB1036,36,2
13. The juvenile has no more than 3 prior unsuccessful deferred prosecution
2agreement attempts.
AB1036,36,33 4. The juvenile, parent, guardian, and legal custodian consent.
AB1036,36,64 (b) For purposes of this subsection, an adjudication or deferred prosecution
5agreement is an action based on a single episode of conduct that is closely related in
6time and is incident to an attempt or an accomplishment of a single objective.
AB1036,36,87 (c) Notwithstanding par. (a), an intake worker may refer the case to the district
8attorney if any of the following applies:
AB1036,36,109 1. The results of the juvenile classification system indicate the juvenile is high
10risk.
AB1036,36,1311 2. The results of the juvenile classification system indicate the juvenile is a
12moderate risk and the case arises out of an alleged act that would be a Class A
13misdemeanor in violation of ch. 940 or 941 if committed by an adult.
AB1036,88 14Section 88. 938.245 (1m) of the statutes is amended to read:
AB1036,36,2315 938.245 (1m) Victims; right to confer with intake worker. If a juvenile is
16alleged to be delinquent under s. 938.12 or to be in need of protection or services
17under s. 938.13 (12), an intake worker shall, as soon as practicable but before
18entering into a deferred prosecution agreement under sub. (1) (1d) or (1g), offer all
19of the victims of the juvenile's alleged act who have so requested an opportunity to
20confer with the intake worker concerning the proposed deferred prosecution
21agreement. The duty to offer an opportunity to confer under this subsection does not
22limit the obligation of the intake worker to perform his or her responsibilities under
23this section.
AB1036,89 24Section 89. 938.245 (2g) of the statutes is amended to read:
AB1036,37,7
1938.245 (2g) Graffiti violation. If the deferred prosecution agreement is
2based on an allegation that the juvenile violated s. 943.017 and the juvenile has
3attained 10 13 years of age, the agreement may require that the juvenile participate
4for not less than 10 hours nor more than 100 hours in a supervised work program
5under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of
6other community service work, except that if the juvenile has not attained 14 years
7of age the maximum number of hours is 40.
AB1036,90 8Section 90. 938.245 (6) of the statutes is renumbered 938.245 (6) (a) and
9amended to read:
AB1036,37,1410 938.245 (6) (a) A Except as provided under par. (b), a deferred prosecution
11agreement arising out of an alleged delinquent act is terminated if the district
12attorney files a delinquency petition within 20 days after receipt of notice of the
13deferred prosecution agreement under s. 938.24 (5). If a petition is filed, statements
14made to the intake worker during the intake inquiry are inadmissible.
AB1036,91 15Section 91. 938.245 (6) (b) of the statutes is created to read:
AB1036,37,1816 938.245 (6) (b) If a juvenile qualifies for a deferred prosecution agreement
17under sub. (1g), the district attorney may not file a delinquency petition against the
18juvenile unless one of the following applies:
AB1036,37,2219 1. The juvenile or his or her parent, guardian, or legal custodian fails to respond
20to the intake worker's preliminary inquiry under s. 938.24 (2) (ag) regarding
21eligibility for a deferred prosecution agreement under sub. (1g) or an offer of a
22deferred prosecution agreement under sub. (1g).
AB1036,37,2423 2. The juvenile or his or her parent, guardian, or legal custodian does not
24consent to the deferred prosecution agreement under sub. (1g).
AB1036,38,4
13. The juvenile fails to substantially comply with the conditions in the deferred
2prosecution agreement. Failure to pay a fine or fee may not serve as a basis for filing
3a petition under this paragraph if the juvenile has substantially complied with the
4other conditions in the deferred prosecution agreement.
AB1036,38,55 4. The intake worker refers the case to the district attorney under sub. (1g) (c).
AB1036,92 6Section 92 . 938.255 (1) (intro.) of the statutes is amended to read:
AB1036,38,137 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
8under this chapter, other than a petition initiating proceedings under s. 938.12,
9938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
10person under the age of 18".." A petition initiating proceedings under s. 938.12,
11938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person
12under the age of 17".
juvenile." A petition initiating proceedings under this chapter
13shall specify all of the following:
AB1036,93 14Section 93. 938.31 (3) (a) 1. of the statutes is amended to read:
AB1036,38,2315 938.31 (3) (a) 1. “Custodial interrogation" has the meaning given in s. 968.073
16(1) (a)
means an interrogation by a law enforcement officer or an agent of a law
17enforcement agency of a juvenile who is suspected to have violated any state or
18federal criminal law from the time the juvenile is or should be informed of his or her
19rights to counsel and to remain silent until the questioning ends, during which the
20officer or agent asks a question that is reasonably likely to elicit an incriminating
21response and during which a reasonable juvenile of a similar age would believe that
22he or she is in custody or otherwise deprived of his or her freedom of action in any
23significant way
.
AB1036,94 24Section 94. 938.31 (3) (b) of the statutes is amended to read:
AB1036,39,5
1938.31 (3) (b) Except as provided under par. (c), a statement made by the
2juvenile during a custodial interrogation is not admissible in evidence against the
3juvenile in any court proceeding alleging the juvenile to be delinquent unless the
4requirements of s. 938.195 have been met and
an audio or audio and visual recording
5of the interrogation was made as required under s. 938.195 (2) and is available.
AB1036,95 6Section 95. 938.31 (3) (c) (intro.) of the statutes is amended to read:
AB1036,39,97 938.31 (3) (c) (intro.) A juvenile's statement is not inadmissible in evidence
8under par. (b) if any of the following applies or if other good cause exists for not
9suppressing a juvenile's statement under par. (b)
:
AB1036,96 10Section 96. 938.31 (3) (c) 1. of the statutes is repealed.
AB1036,97 11Section 97. 938.31 (3) (c) 2. of the statutes is repealed.
AB1036,98 12Section 98. 938.31 (3) (c) 3. of the statutes is repealed.
AB1036,99 13Section 99. 938.31 (3) (c) 5. of the statutes is amended to read:
AB1036,39,1614 938.31 (3) (c) 5. Exigent public safety circumstances existed that prevented
15notification under s. 938.195 (1m) or prevented the making of an audio or audio and
16visual recording or rendered the making of such a recording infeasible.
AB1036,100 17Section 100. 938.32 (1x) of the statutes is amended to read:
AB1036,39,2418 938.32 (1x) Supervised work program. If the petition alleges that the juvenile
19violated s. 943.017 and the juvenile has attained 10 13 years of age, the court may
20require, as a condition of the consent decree, that the juvenile participate for not less
21than 10 hours nor more than 100 hours in a supervised work program under s. 938.34
22(5g) or perform not less than 10 hours nor more than 100 hours of other community
23service work, except that if the juvenile has not attained 14 years of age the
24maximum number of hours is a total of 40 under the consent decree.
AB1036,101 25Section 101. 938.34 (4h) (a) of the statutes is amended to read:
AB1036,40,7
1938.34 (4h) (a) The juvenile is 14 16 years of age or over and has been
2adjudicated delinquent for committing or conspiring to commit a violation of s.
3939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327
4(2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30
5(2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 13 years of age or
6over and has been adjudicated delinquent for attempting or committing a violation
7of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
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