AB443,118,7 938.245 (1) When available. (intro.) The An intake worker may enter into a written deferred prosecution agreement with all parties as provided in this section if the all of the following apply:

AB443,118,10 (a) The intake worker has determined that neither the interests of the juvenile nor of the public require filing of a petition for circumstances relating to s. 938.12, 938.125, 938.13, or 938.14. Deferred prosecution shall be available only if the

AB443,118,12 (b) The facts persuade the intake worker that the jurisdiction of the court, if sought, would exist and upon consent of the.

AB443,118,13 (c) The juvenile, parent, guardian and legal custodian consent.

AB443, s. 242 Section 242. 938.245 (1m) of the statutes is amended to read:

AB443,118,23 938.245 (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 in any event before entering into a deferred prosecution agreement under sub. (1), offer all of the victims of the juvenile's alleged act who have so requested the opportunity 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.

AB443, s. 243 Section 243. 938.245 (2) (title) of the statutes is created to read:

AB443,118,25 938.245 (2) (title) Contents of agreement.

AB443, s. 244 Section 244. 938.245 (2) (a) (title) of the statutes is created to read:

AB443,119,2 938.245 (2) (a) (title) Specific conditions.

AB443, s. 245 Section 245. 938.245 (2) (a) 1. (title) of the statutes is created to read:

AB443,119,4 938.245 (2) (a) 1. (title) `Counseling.'

AB443, s. 246 Section 246. 938.245 (2) (a) 2., 3. and 4. of the statutes are amended to read:

AB443,119,9 938.245 (2) (a) 2. `Compliance with obligations.' That the juvenile and a parent, guardian and, or legal custodian abide by such obligations, including supervision, curfews, and school attendance requirements, as will tend to ensure the juvenile's rehabilitation, protection, or care.

AB443,119,18 3. `Alcohol and other drug abuse assessment.' That the juvenile submit to an alcohol and other drug abuse assessment that conforms to meets the criteria specified under s. 938.547 (4) and that is conducted by an approved treatment facility for an examination of the juvenile's use of alcohol beverages, controlled substances, or controlled substance analogs and any medical, personal, family, or social effects caused by its use, if the multidisciplinary screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related to the use of alcohol beverages, controlled substances, or controlled substance analogs and its medical, personal, family, or social effects.

AB443,120,2 4. `Alcohol and other drug abuse treatment and education.' That the juvenile participate in an alcohol and other drug abuse outpatient treatment program, a court-approved pupil assistance program provided by the juvenile's school board, or a court-approved alcohol or other drug abuse education program, if an alcohol and other drug abuse assessment conducted under subd. 3. recommends outpatient treatment, intervention, or education. The juvenile's participation in a court-approved pupil assistance program under this subdivision is subject to the approval of the juvenile's school board.

AB443, s. 247 Section 247. 938.245 (2) (a) 5. (title) of the statutes is created to read:

AB443,120,4 938.245 (2) (a) 5. (title) `Restitution.'

AB443, s. 248 Section 248. 938.245 (2) (a) 5. a., am. and c. of the statutes are amended to read:

AB443,120,22 938.245 (2) (a) 5. a. That the juvenile participate in a restitution project if the act for which the deferred prosecution agreement is being entered into has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering. Subject to subd. 5. c., the deferred prosecution agreement may require the juvenile to repair the damage to property or to make reasonable restitution for the damage or injury, either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, if the intake worker, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile. Any such deferred prosecution The agreement shall include a determination that the juvenile alone is financially able to pay or physically able to perform the services, may allow up to the date of the expiration of the deferred prosecution agreement for the payment or for the completion of the services, and may include a schedule for the performance and completion of the services. Any recovery under this subd. 5. a. shall be reduced by the amount recovered as restitution for the same act under subd. 5. am.

AB443,121,10 am. That the parent who has custody, as defined in s. 895.035 (1), of the juvenile make reasonable restitution for any damage to the property of another, or for any actual physical injury to another excluding pain and suffering, resulting from the act for which the deferred prosecution agreement is being entered into. Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this subd. 5. am. for damage or injury resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed $5,000. Any order under this subd. 5. am. shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of the expiration of the deferred prosecution agreement for the payment. Any recovery under this subd. 5. am. shall be reduced by the amount recovered as restitution for the same act under subd. 5. a.

AB443,121,14 c. Under An agreement under this subdivision, a deferred prosecution agreement may not require a juvenile who is under 14 years of age to make not more than $250 in restitution or to perform not more than 40 total hours of services for the victim as total restitution.

Note: Revises s. 948.245 (2) (a) 5. c., stats., to clarify that the maximum amount of restitution in terms of monetary amount or services applies to all of the damage or injuries from the act (or acts) that are the basis for the deferred prosecution agreement (i.e., the amount does not apply per charge or per petition, but is the total amount that can be required under the agreement).

The same change is made in ss. 938.32 (1t) (a) 3. and 938.34 (5) (c), stats.

AB443, s. 249 Section 249. 938.245 (2) (a) 6. (title) of the statutes is created to read:

AB443,121,16 938.245 (2) (a) 6. (title) `Supervised work program.'

AB443, s. 250 Section 250. 938.245 (2) (a) 7. of the statutes is amended to read:

AB443,122,9 938.245 (2) (a) 7. `Volunteers in probation.' That the juvenile be placed with a volunteers in probation program under such conditions as the intake worker determines are reasonable and appropriate, if the juvenile is alleged to have committed an act that would constitute a misdemeanor if committed by an adult, if the chief judge of the judicial administrative district has approved under s. 973.11 (2) a volunteers in probation program established in the juvenile's county of residence, and if the intake worker determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community. The conditions that the an intake worker may establish under this subdivision may include, but need not be limited to, a request to a volunteer to provide be a role model for the juvenile a role model, informal counseling, general monitoring and, monitoring of the conditions established by the intake worker, or any combination of these functions, and any other deferred prosecution condition that the intake worker may establish under this paragraph.

AB443, s. 251 Section 251. 938.245 (2) (a) 8. (title) of the statutes is created to read: