AB1036,34,16 938.195 (3) (a) A law enforcement officer or agent of a law enforcement agency conducting a custodial interrogation is not required to inform the subject of the interrogation that the officer or agent is making an audio or audio and visual recording of the interrogation.

AB1036,82 Section 82. 938.195 (3) (b) of the statutes is created to read:

AB1036,34,21 938.195 (3) (b) Prior to conducting a custodial interrogation of a juvenile who has not yet attained the age of 16, a law enforcement officer or agent of a law enforcement agency shall notify the juvenile that he or she is in custody for the purposes of an interrogation.

AB1036,83 Section 83. 938.24 (2) (title) and (b) of the statutes are amended to read:

AB1036,34,24 938.24 (2) (title) Multidisciplinary screens; intake conferences; preliminary inquiries; juvenile classification system.

AB1036,35,3 (b) No juvenile or other person may be compelled by an intake worker to appear at any conference, participate in a multidisciplinary screen or use of the juvenile classification system under s. 938.549, produce any papers, or visit any place.

AB1036,84 Section 84. 938.24 (2) (ag) and (ar) of the statutes are created to read:

AB1036,35,7 938.24 (2) (ag) As part of the intake inquiry, the intake worker shall make a preliminary inquiry to determine whether the juvenile is eligible for a deferred prosecution agreement under s. 938.245 (1g).

AB1036,35,11 (ar) As part of the intake inquiry, the intake worker, after providing notice to the juvenile, parent, guardian, and legal custodian, and if the juvenile has not refused to participate under par. (b), the intake worker shall use the juvenile classification system under s. 938.549.

AB1036,85 Section 85. 938.245 (1) of the statutes is renumbered 938.245 (1d).

AB1036,86 Section 86. 938.245 (1b) of the statutes is created to read:

AB1036,35,15 938.245 (1b) Definition. In this section, “status offense” means a violation of the law that would not be a violation if committed by an adult.

AB1036,87 Section 87. 938.245 (1g) of the statutes is created to read:

AB1036,35,20 938.245 (1g) When required. (a) Unless an intake worker decides to close a case, and except as provided under par. (c) and sub. (6) (b), the intake worker shall enter into a written deferred prosecution agreement with all parties as provided in this section if all of the following apply:

AB1036,35,24 1. The juvenile is referred because he or she is alleged to have committed a status offense or an act that would be a misdemeanor if committed by an adult or violated a civil law punishable by forfeiture or a county, town, or other municipal ordinance.

AB1036,35,25 2. The juvenile has no more than 2 prior adjudications.

AB1036,36,2 3. The juvenile has no more than 3 prior unsuccessful deferred prosecution agreement attempts.

AB1036,36,3 4. The juvenile, parent, guardian, and legal custodian consent.

AB1036,36,6 (b) For purposes of this subsection, an adjudication or deferred prosecution agreement is an action based on a single episode of conduct that is closely related in time and is incident to an attempt or an accomplishment of a single objective.

AB1036,36,8 (c) Notwithstanding par. (a), an intake worker may refer the case to the district attorney if any of the following applies:

AB1036,36,10 1. The results of the juvenile classification system indicate the juvenile is high risk.

AB1036,36,13 2. The results of the juvenile classification system indicate the juvenile is a moderate risk and the case arises out of an alleged act that would be a Class A misdemeanor in violation of ch. 940 or 941 if committed by an adult.

AB1036,88 Section 88. 938.245 (1m) of the statutes is amended to read:

AB1036,36,23 938.245 (1m) Victims; right to confer with intake worker. If a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), an intake worker shall, as soon as practicable but before entering into a deferred prosecution agreement under sub. (1) (1d) or (1g), offer all of the victims of the juvenile's alleged act who have so requested an opportunity to confer with the intake worker concerning the proposed deferred prosecution agreement. The duty to offer an opportunity to confer under this subsection does not limit the obligation of the intake worker to perform his or her responsibilities under this section.

AB1036,89 Section 89. 938.245 (2g) of the statutes is amended to read:

AB1036,37,7 938.245 (2g) Graffiti violation. If the deferred prosecution agreement is based on an allegation that the juvenile violated s. 943.017 and the juvenile has attained 10 13 years of age, the agreement may require that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 938.34 (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is 40.

AB1036,90 Section 90. 938.245 (6) of the statutes is renumbered 938.245 (6) (a) and amended to read:

AB1036,37,14 938.245 (6) (a) A Except as provided under par. (b), a deferred prosecution agreement arising out of an alleged delinquent act is terminated if the district attorney files a delinquency petition within 20 days after receipt of notice of the deferred prosecution agreement under s. 938.24 (5). If a petition is filed, statements made to the intake worker during the intake inquiry are inadmissible.

AB1036,91 Section 91. 938.245 (6) (b) of the statutes is created to read: