938.991 History
History: 1981 c. 390;
1983 a. 189;
1991 a. 316;
1995 a. 77 s.
388; Stats. 1995 s. 938.991.
938.991 Cross-reference
Cross Reference: See appendix for a list of states which have ratified this compact.
938.992
938.992
Definitions. As used in the interstate compact on juveniles, the following words and phrases have the following meanings as to this state:
938.992(1)(a)(a) The "appropriate court" of this state to issue a requisition under
s. 938.991 (4) is the court assigned to exercise jurisdiction under this chapter and
ch. 48 for the county of the petitioner's residence, or, if the petitioner is a child welfare agency, the court so assigned for the county where the agency has its principal office, or, if the petitioner is the department, any court so assigned in the state.
938.992(1)(b)
(b) The "appropriate court" of this state to receive a requisition under
s. 938.991 (4) or
(5) or
938.998 is the court assigned to exercise jurisdiction under this chapter and
ch. 48 for the county where the juvenile is located.
938.992(2)
(2) "Executive authority" means the compact administrator.
938.992(3)
(3) Notwithstanding
s. 938.991 (3) (b), "delinquent juvenile" does not include a person subject to an order under
s. 48.366 who is confined to a state prison under
s. 302.01 or a person subject to an order under
s. 938.34 (4h) who is 17 years of age or over.
938.993
938.993
Juvenile compact administrator. 938.993(1)
(1) Under the interstate compact on juveniles, the governor may designate an officer or employe of the department to be the compact administrator, who, acting jointly with like officers of other party states, shall promulgate rules to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the governor. If there is a vacancy in the office of compact administrator or in the case of absence or disability, the functions shall be performed by the secretary of corrections, or other employe designated by the secretary. The compact administrator may cooperate with all departments, agencies and officers of and in the government of this state and its political subdivisions in facilitating the proper administration of the compact or of any supplementary agreement entered into by this state.
938.993(2)
(2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under
s. 938.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter [and]
ch. 48 for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.
938.993 Note
NOTE: The bracketed language was inadvertently omitted from
1995 Wis. Act 77.
938.993 History
History: 1977 c. 449;
1981 c. 390;
1989 a. 31,
107;
1995 a. 27;
1995 a. 77 s.
393; Stats. 1995 s. 938.993.
938.994
938.994
Supplementary agreements. The department may enter into supplementary agreements with appropriate officials of other states under
s. 938.991 (10). If the supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no effect until approved by the department or agency under whose jurisdiction the institution or facility is operated or which shall be charged with the rendering of the service.
938.994 History
History: 1981 c. 390;
1989 a. 31,
107;
1995 a. 27;
1995 a. 77 s.
394; Stats. 1995 s. 938.994.
938.995
938.995
Financial arrangements. The expense of returning juveniles to this state pursuant to
s. 938.991 shall be paid as follows:
938.995(1)
(1) In the case of a runaway under
s. 938.991 (4), the court making the requisition shall inquire summarily regarding the financial ability of the petitioner to bear the expense and if it finds the petitioner is able to do so, shall order the petitioner to pay all the expenses of returning the juvenile; otherwise the court shall arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for that person's actual and necessary expenses; and the court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, the petitioner may be proceeded against for contempt.
938.995(2)
(2) In the case of an escapee or absconder under
s. 938.991 (5) or
(6), if the juvenile is in the legal custody or under the supervision of the department, it shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to the juvenile's custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under
s. 938.991 (7), then the court assigned to exercise jurisdiction under this chapter and
ch. 48 for the county of the juvenile's residence during the supervision.
938.995(3)
(3) In the case of a voluntary return of a runaway without requisition under
s. 938.991 (6), the person entitled to the juvenile's legal custody shall pay the expense of transportation and the actual and necessary expenses of the person, if any, who returns the juvenile; but if the person is financially unable to pay all the expenses he or she may petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 for the county of the petitioner's residence for an order arranging for the transportation as provided in
sub. (1). The court shall inquire summarily into the financial ability of the petitioner and, if it finds the petitioner is unable to bear any or all of the expense, the court shall arrange for the transportation at the expense of the county and shall order the county to reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. The court may order that the petitioner reimburse the county for so much of the expense as the court finds the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to pay that sum, he or she may be proceeded against for contempt.
938.995(4)
(4) In the case of a juvenile subject to a petition under
s. 938.998, the appropriate court shall arrange for the transportation at the expense of the county in which the violation of criminal law is alleged to have been committed and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection "appropriate court" means the court assigned to exercise jurisdiction under this chapter and
ch. 48 for the county in which the violation of criminal law is alleged to have been committed.
938.996
938.996
Compensation. Any judge of this state who appoints counsel or a guardian ad litem pursuant to the provisions of the interstate compact on juveniles may, in the judge's discretion, allow reasonable compensation in an amount not to exceed the compensation paid to private attorneys under
s. 977.08 (4m) (b), to be paid by the county on order of the court.
938.996 History
History: 1991 a. 316;
1993 a. 16;
1995 a. 27;
1995 a. 77 s.
398; Stats. 1995 s. 938.996.
938.996 Annotation
The courts' power to appropriate compensation for court-appointed counsel is necessary for the effective operation of the judicial system. In ordering compensation for court ordered attorneys, a court should abide by the s. 977.08 (4m) rate when it can retain effective counsel at that rate, but should order compensation at the rate under
SCR 81.01 or 81.02 or a higher rate when necessary to secure effective counsel. Friedrich v. Dane County Circuit Ct. 192 W (2d) 1, 531 NW (2d) 32 (1995).
938.997
938.997
Responsibilities of state departments, agencies and officers. The courts, departments, agencies and officers of this state and its political subdivisions shall enforce the interstate compact on juveniles and shall do all things appropriate to the effectuation of its purposes which may be within their respective jurisdictions.
938.997 History
History: 1995 a. 77 s.
399; Stats. 1995 s. 938.997.
938.998
938.998
Rendition of juveniles alleged to be delinquent. 938.998(1)(1) This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same.
938.998(2)
(2) All provisions and procedures of
s. 938.991 (5) and
(6) shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile, charged with being a delinquent by reason of violating any criminal law shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in
s. 938.991 (5) shall be forwarded by the judge of the court in which the petition has been filed.
938.998 History
History: 1985 a. 294;
1995 a. 77 s.
400; Stats. 1995 s. 938.998.
