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.
938.993
938.993
Juvenile compact administrator. 938.993(1)
(1) Under the interstate compact on juveniles, the governor may designate an officer or employee 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 employee 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, parolees and persons on extended supervision of other states under
s. 938.991 (7) and shall arrange for the supervision of each such probationer, parolee or person on extended supervision 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.
938.994
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 Court,
192 Wis. 2d 1,
531 N.W.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.
938.9985
938.9985
Renunciation of Interstate Compact on Juveniles. Sections 938.991 to
938.998 do not apply to a juvenile from this state who is located in another state and who is a runaway, as described in
s. 938.991 (4), an escapee or absconder, as described in
s. 938.991 (5), a probationer, person on extended supervision, or parolee under the supervision of that other state, as described in
s. 938.991 (7), or a juvenile charged as being a delinquent, as described in
s. 938.998, or to a juvenile from another state who is located in this state and who is a runaway, as described in
s. 938.991 (4), an escapee or absconder, as described in
s. 938.991 (5), a probationer, person on extended supervision, or parolee under the supervision of this state, as described in
s. 938.991 (7), or a juvenile charged as being a delinquent, as described in
s. 938.998, if all of the following have occurred:
938.9985(2)
(2) Both this state and the other state are parties to the Interstate Compact for Juveniles under
s. 938.999.
938.9985(3)
(3) Both this state and the other state have renounced the Interstate Compact on Juveniles as provided under
s. 938.991 (14).
938.9985 History
History: 2005 a. 234.
938.999
938.999
Interstate Compact for Juveniles. 938.999(1)(a)(a) The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that the U.S. Congress, by enacting the Crime Control Act,
4 USC 112, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
938.999(1)(b)
(b) It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to do all of the following:
938.999(1)(b)1.
1. Ensure that the adjudicated juveniles and status offenders who are subject to this compact are provided with adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state.
938.999(1)(b)2.
2. Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected.
938.999(1)(b)3.
3. Return juveniles who have run away, absconded, or escaped from supervision or control or who have been accused of an offense to the state requesting their return.
938.999(1)(b)4.
4. Make contracts for the cooperative institutionalization in public facilities in member states of delinquent youth needing special services.
938.999(1)(b)5.
5. Provide for the effective tracking and supervision of juveniles.
938.999(1)(b)6.
6. Equitably allocate the costs, benefits, and obligations of the compact among the compacting states.
938.999(1)(b)7.
7. Establish procedures to manage the movement between states of juvenile offenders who are released to the community under the jurisdiction of courts, juvenile departments, or other criminal or juvenile justice agencies that have jurisdiction over juvenile offenders.
938.999(1)(b)8.
8. Ensure that immediate notice is given to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.
938.999(1)(b)9.
9. Establish procedures to resolve pending charges or detainers against juvenile offenders before transfer or release to the community under this compact.
938.999(1)(b)10.
10. Establish a system of uniform data collection of information pertaining to juveniles who are subject to this compact that allows access by authorized juvenile justice and criminal justice officials and a system of regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators.
938.999(1)(b)11.
11. Monitor compliance with the rules governing the interstate movement of juveniles and intervene to address and correct any noncompliance with those rules.
938.999(1)(b)12.
12. Coordinate training and education regarding the regulation of the interstate movement of juveniles for officials who are involved in that activity.
938.999(1)(b)13.
13. Coordinate the implementation and operation of this compact with the Interstate Compact on the Placement of Children under
ss. 48.988 and
48.989, the Interstate Compact for the Placement of Children under
s. 48.99, the Interstate Compact for Adult Offender Supervision under
s. 304.16, and other compacts affecting juveniles, particularly in those cases in which concurrent or overlapping supervision issues arise.
938.999(1)(c)
(c) It is the policy of the compacting states that the activities conducted by the interstate commission are the formation of public policies and, therefore, are public business. Furthermore, the compacting states shall cooperate with each other and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles who are subject to this compact.
938.999(1)(d)
(d) The compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
938.999(2)
(2) Article II — Definitions. In this section:
938.999(2)(a)
(a) "Bylaws" means the bylaws established by the interstate commission for its governance or for directing or controlling its actions or conduct.
938.999(2)(b)
(b) "Commissioner" means the voting representative of each compacting state appointed under
sub. (3) (b).
938.999(2)(c)
(c) "Compact administrator" means the person appointed under this compact in each compacting state who is responsible for the administration and management of the state's supervision and transfer of juveniles who are subject to this compact, the rules, and the policies adopted by the state board under this compact.
938.999(2)(d)
(d) "Compacting state" means a state that has enacted the enabling legislation for this compact.
938.999(2)(e)
(e) "Court" means a court having jurisdiction over delinquent, neglected, or dependent juveniles.
938.999(2)(f)
(f) "Deputy compact administrator" means the person, if any, appointed in each compacting state to act on behalf of a compact administrator in the administration and management of the state's supervision and transfer of juveniles who are subject to this compact, the rules, and the policies adopted by the state board under this compact.
938.999(2)(g)
(g) "Interstate commission" means the interstate commission for juveniles established under
sub. (3) (a).
938.999(2)(h)
(h) "Juvenile" means a person who is defined as a juvenile under the law of any compacting state or by the rules, including all of the following:
938.999(2)(h)1.
1. An accused delinquent. For purposes of this subdivision, "accused delinquent" means a person who is charged with an offense that, if committed by an adult, would be a criminal offense.
938.999(2)(h)2.
2. An adjudicated delinquent. For purposes of this subdivision, "adjudicated delinquent" means a person who has been found to have committed an offense that, if committed by an adult, would be a criminal offense.
938.999(2)(h)3.
3. An accused status offender. For purposes of this subdivision, "accused status offender" means a person who is charged with an offense that would not be a criminal offense if committed by an adult.
938.999(2)(h)4.
4. An adjudicated status offender. For purposes of this subdivision, "adjudicated status offender" means a person who has been found to have committed an offense that would not be a criminal offense if committed by an adult.
938.999(2)(h)5.
5. A nonoffender. For purposes of this subdivision, "nonoffender" means a person who is in need of supervision, but who has not been charged with or found to have committed an offense.
938.999(2)(i)
(i) "Noncompacting state" means a state that has not enacted the enabling legislation for this compact.
938.999(2)(j)
(j) "Probation or parole" means any kind of supervision or conditional release of a juvenile that is authorized under the laws of a compacting state.
938.999(2)(k)
(k) Except as provided in
sub. (6) (f), "rule" means a written statement by the interstate commission promulgated under
sub. (6) that is of general applicability; that implements, interprets, or prescribes a policy or provision of the compact or an organizational, procedural, or practice requirement of the interstate commission; and that has the force of statutory law in a compacting state. "Rule" includes the amendment, repeal, or suspension of an existing rule.
938.999(2)(L)
(L) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Northern Marianas Islands.
938.999(2)(m)
(m) "State board" means the state board for interstate juvenile supervision created by each compacting state under
sub. (9).
938.999(3)
(3) Article III — Interstate Commission for Juveniles. 938.999(3)(a)(a) There is created the interstate commission for juveniles. The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all of the responsibilities, powers, and duties specified in this section and such additional powers as may be conferred upon the interstate commission by subsequent action of the respective legislatures of the compacting states exercised in accordance with this compact.
938.999(3)(b)
(b) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each compacting state under the requirements of the compacting state and in consultation with the state board of the compacting state. The commissioner shall be the compact administrator, deputy compact administrator, or designee from the compacting state and shall serve on the interstate commission in that capacity under the applicable law of the compacting state.
938.999(3)(c)
(c) In addition to the commissioners who are the voting representatives of each compacting state, the interstate commission shall include, as nonvoting members, persons who are members of interested organizations. Those nonvoting members shall include members of the national organizations of governors, legislators, state supreme court chief justices, attorneys general, juvenile justice and juvenile corrections officials, and crime victims and members of the Interstate Compact on the Placement of Children, the Interstate Compact for the Placement of Children, and the Interstate Compact for Adult Offender Supervision. The interstate commission may provide in the bylaws for the inclusion of additional nonvoting members, including members of other national organizations, in such numbers as may be determined by the interstate commission.
938.999(3)(d)
(d) Each compacting state represented at any meeting of the interstate commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws.
938.999(3)(e)
(e) The interstate commission shall meet at least once each year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and, except as provided in
par. (i), meetings shall be open to the public.
938.999(3)(f)
(f) The interstate commission shall establish an executive committee, which shall include officers and members of the interstate commission and others as determined by the bylaws. The executive committee may act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule making and amending the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact that are managed by an executive director and interstate commission staff; administer enforcement of and compliance with the compact, the bylaws, and the rules; and perform such other duties as directed by the interstate commission or as specified in the bylaws.
938.999(3)(g)
(g) Each commissioner is entitled to cast the vote to which the compacting state represented by the commissioner is entitled and to participate in the business and affairs of the interstate commission. A commissioner shall vote in person and may not delegate a vote to another compacting state, except that a commissioner, in consultation with the state board of the commissioner's state, may appoint another authorized representative, in the absence of the commissioner, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or by other means of telecommunication or electronic communication.
938.999(3)(h)
(h) The bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent that the information or records would adversely affect personal privacy rights or proprietary interests.
938.999(3)(i)
(i) Public notice shall be given of all meetings, and all meetings shall be open to the public, except as specified in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public if the interstate commission or committee determines by a two-thirds vote that an open meeting would be likely to do any of the following:
938.999(3)(i)1.
1. Relate solely to the interstate commission's internal personnel practices and procedures.
938.999(3)(i)2.
2. Disclose matters that are specifically exempted from disclosure by statute.
938.999(3)(i)3.
3. Disclose trade secrets or commercial or financial information that is privileged or confidential.
938.999(3)(i)4.
4. Involve accusing any person of a crime or formally censuring any person.
938.999(3)(i)5.
5. Disclose information that is of a personal nature, if disclosure of the information would constitute a clearly unwarranted invasion of personal privacy.
938.999(3)(i)6.
6. Disclose investigative records that have been compiled for law enforcement purposes.
938.999(3)(i)7.
7. Disclose information that is contained in or related to an examination, operating, or condition report prepared by, on behalf of, or for the use of the interstate commission with respect to a regulated person for the purpose of regulation or supervision of that person.
938.999(3)(i)8.
8. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person.
938.999(3)(i)9.
9. Specifically relate to the interstate commission's issuance of a subpoena or the participation of the interstate commission in a civil action or other legal proceeding.
938.999(3)(j)
(j) For every meeting that is closed under
par. (i), the interstate commission's legal counsel shall publicly certify that, in the opinion of the legal counsel, the meeting may be closed to the public and shall reference each provision under
par. (i) authorizing closure of the meeting. The interstate commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons for those actions, including a description of each of the views expressed on any item and the record of any roll call vote reflecting the vote of each commissioner on the question. All documents considered in connection with any action shall be identified in the minutes.
938.999(3)(k)
(k) The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed by the rules. The rules shall specify the date to be collected and the means of collection and shall specify data exchange and reporting requirements. Those methods of data collection, exchange, and reporting shall, insofar as is reasonably possible, conform to up-to-date technology and shall coordinate the interstate commission's information functions with the appropriate repository of records.
938.999(4)
(4) Article IV — Powers and Duties of the Interstate Commission. The interstate commission shall have the power and duty to do all of the following:
938.999(4)(a)
(a) Provide for dispute resolution among compacting states.
