AB1036: Bill Text

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:

AB1036,37,18 938.245 (6) (b) If a juvenile qualifies for a deferred prosecution agreement under sub. (1g), the district attorney may not file a delinquency petition against the juvenile unless one of the following applies:

AB1036,37,22 1. The juvenile or his or her parent, guardian, or legal custodian fails to respond to the intake worker's preliminary inquiry under s. 938.24 (2) (ag) regarding eligibility for a deferred prosecution agreement under sub. (1g) or an offer of a deferred prosecution agreement under sub. (1g).

AB1036,37,24 2. The juvenile or his or her parent, guardian, or legal custodian does not consent to the deferred prosecution agreement under sub. (1g).

AB1036,38,4 3. The juvenile fails to substantially comply with the conditions in the deferred prosecution agreement. Failure to pay a fine or fee may not serve as a basis for filing a petition under this paragraph if the juvenile has substantially complied with the other conditions in the deferred prosecution agreement.

AB1036,38,5 4. The intake worker refers the case to the district attorney under sub. (1g) (c).

AB1036,92 Section 92 . 938.255 (1) (intro.) of the statutes is amended to read:

AB1036,38,13 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a person under the age of 18".." A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person under the age of 17". juvenile." A petition initiating proceedings under this chapter shall specify all of the following:

AB1036,93 Section 93. 938.31 (3) (a) 1. of the statutes is amended to read:

AB1036,38,23 938.31 (3) (a) 1. “Custodial interrogation" has the meaning given in s. 968.073 (1) (a) means an interrogation by a law enforcement officer or an agent of a law enforcement agency of a juvenile who is suspected to have violated any state or federal criminal law from the time the juvenile is or should be informed of his or her rights to counsel and to remain silent until the questioning ends, during which the officer or agent asks a question that is reasonably likely to elicit an incriminating response and during which a reasonable juvenile of a similar age would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way.

AB1036,94 Section 94. 938.31 (3) (b) of the statutes is amended to read:

AB1036,39,5 938.31 (3) (b) Except as provided under par. (c), a statement made by the juvenile during a custodial interrogation is not admissible in evidence against the juvenile in any court proceeding alleging the juvenile to be delinquent unless the requirements of s. 938.195 have been met and an audio or audio and visual recording of the interrogation was made as required under s. 938.195 (2) and is available.

AB1036,95 Section 95. 938.31 (3) (c) (intro.) of the statutes is amended to read:

AB1036,39,9 938.31 (3) (c) (intro.) A juvenile's statement is not inadmissible in evidence under par. (b) if any of the following applies or if other good cause exists for not suppressing a juvenile's statement under par. (b):

AB1036,96 Section 96. 938.31 (3) (c) 1. of the statutes is repealed.

AB1036,97 Section 97. 938.31 (3) (c) 2. of the statutes is repealed.

AB1036,98 Section 98. 938.31 (3) (c) 3. of the statutes is repealed.

AB1036,99 Section 99. 938.31 (3) (c) 5. of the statutes is amended to read:

AB1036,39,16 938.31 (3) (c) 5. Exigent public safety circumstances existed that prevented notification under s. 938.195 (1m) or prevented the making of an audio or audio and visual recording or rendered the making of such a recording infeasible.

AB1036,100 Section 100. 938.32 (1x) of the statutes is amended to read:

AB1036,39,24 938.32 (1x) Supervised work program. If the petition alleges that the juvenile violated s. 943.017 and the juvenile has attained 10 13 years of age, the court may require, as a condition of the consent decree, 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 a total of 40 under the consent decree.

AB1036,101 Section 101. 938.34 (4h) (a) of the statutes is amended to read:

AB1036,40,7 938.34 (4h) (a) The juvenile is 14 16 years of age or over and has been adjudicated delinquent for committing or conspiring to commit a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 13 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB1036,102 Section 102 . 938.34 (8) of the statutes is amended to read:

AB1036,41,6 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age juveniles, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB1036,103 Section 103 . 938.343 (2) of the statutes is amended to read:

AB1036,41,24 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age juveniles, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB1036,104 Section 104 . 938.344 (3) of the statutes is amended to read:

AB1036,42,8 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB1036,105 Section 105 . 938.35 (1m) of the statutes is amended to read:

AB1036,42,15 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age becomes an adult. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB1036,106 Section 106. 938.355 (4) (am) 3. of the statutes is repealed.

AB1036,107 Section 107. 938.355 (4) (am) 4. of the statutes is amended to read:

AB1036,43,9 938.355 (4) (am) 4. The date on which the juvenile is granted a high school or high school equivalency diploma or the date on which the juvenile attains 21 years of age, whichever occurs first, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the juvenile is reasonably expected to complete the program before attaining 21 years of age; is enrolled in an institution that provides postsecondary or vocational education; is participating in a program or activity designed to promote, or remove barriers to, employment; is employed for at least 80 hours per month; or is incapable of doing any of those activities due to a medical condition, which incapacity is supported by regularly updated information in the juvenile's permanency plan. The court may not grant an order that terminates as provided in this subdivision unless the juvenile is 17 years of age or older when the order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile, agrees to the order. At any time after the juvenile attains 18 years of age, the juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order.

AB1036,108 Section 108 . 938.355 (4) (b) of the statutes is amended to read:

AB1036,44,6 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 years of age becomes an adult shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when becomes an adult by the time the original dispositional order terminates.

AB1036,109 Section 109 . 938.355 (4m) (a) of the statutes is amended to read:

AB1036,44,13 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB1036,110 Section 110. 938.357 (6) (a) 3. of the statutes is repealed.

AB1036,111 Section 111. 938.357 (6) (a) 4. of the statutes is amended to read:

AB1036,45,7 938.357 (6) (a) 4. The date on which the juvenile is granted a high school or high school equivalency diploma or the date on which the juvenile attains 21 years of age, whichever occurs first, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the juvenile is reasonably expected to complete the program before attaining 21 years of age; is enrolled in an institution that provides postsecondary or vocational education; is participating in a program or activity designed to promote, or remove barriers to, employment; is employed for at least 80 hours per month; or is incapable of doing any of those activities due to a medical condition, which incapacity is supported by regularly updated information in the juvenile's permanency plan. The court may not grant an order that terminates as provided in this subdivision unless the juvenile is 17 years of age or older when the order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile, agrees to the order. At any time after the juvenile attains 18 years of age, the juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order.

AB1036,112 Section 112. 938.365 (5) (b) 3. of the statutes is repealed.

AB1036,113 Section 113. 938.365 (5) (b) 4. of the statutes is amended to read:

AB1036,46,2 938.365 (5) (b) 4. The date on which the juvenile is granted a high school or high school equivalency diploma or the date on which the juvenile attains 21 years of age, whichever occurs first, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s. 115.787 is in effect for the juvenile is reasonably expected to complete the program before attaining 21 years of age; is enrolled in an institution that provides postsecondary or vocational education; is participating in a program or activity designed to promote, or remove barriers to, employment; is employed for at least 80 hours per month; or is incapable of doing any of those activities due to a medical condition, which incapacity is supported by regularly updated information in the juvenile's permanency plan. The court may not grant an order that terminates as provided in this subdivision unless the juvenile is 17 years of age or older when the order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile, agrees to the order. At any time after the juvenile attains 18 years of age, the juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order.

AB1036,114 Section 114. 938.366 (1) (intro.) of the statutes is amended to read:

AB1036,46,7 938.366 (1) Applicability. (intro.) This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s. 115.787 is in effect, and described in sub. (1m) to whom any of the following applies:

AB1036,115 Section 115. 938.366 (1) (a) of the statutes is amended to read:

AB1036,46,14 938.366 (1) (a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1., 2., or 3. or 2., 938.357 (6) (a) 1., 2., or 3. or 2., or 938.365 (5) (b) 1., 2., or 3. or 2. on or after the person attains 18 years of age.

AB1036,116 Section 116. 938.366 (1m) of the statutes is created to read:

AB1036,46,25 938.366 (1m) Duration of eligibility. A person may continue in out-of-home care under a voluntary agreement under sub. (3) until the person attains 21 years of age if the person is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before attaining 21 years of age; is enrolled in an institution that provides postsecondary or vocational education; is participating in a program or activity designed to promote, or remove barriers to, employment; is employed for at least 80 hours per month; or is incapable of doing any of those activities due to a medical condition, which incapacity is supported by regularly updated information in the person's permanency plan.

AB1036,117 Section 117. 938.366 (2) (b) 4. of the statutes is amended to read:

AB1036,47,17 938.366 (2) (b) 4. If the court determines that the person who is the subject of an order described in sub. (1) (a) understands that he or she may continue in out-of-home care, but wishes to be discharged from that care on termination of the order, the court shall advise the person that he or she may enter into a voluntary agreement under sub. (3) at any time before he or she is granted a high school or high school equivalency diploma or reaches attains 21 years of age, whichever occurs first, so long as he or she is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for him or her meets any of the conditions for eligibility described in sub. (1m). If the court determines that the person wishes to continue in out-of-home care under an extension of the order described in sub. (1) (a), the court shall schedule an extension hearing under s. 938.365. If the court determines that the person wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the court shall order the agency primarily responsible for providing services to the person under the order to provide transition-to-independent-living services for the person under that voluntary agreement.

AB1036,118 Section 118. 938.366 (3) (a) of the statutes is amended to read:

AB1036,48,5 938.366 (3) (a) On termination of an order described in sub. (1) (a), the person who is the subject of the order, or the person's guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s. 115.787 until the date on which the person reaches attains 21 years of age, is granted a high school or high school equivalency diploma no longer meets any of the conditions for eligibility described in sub. (1m), or terminates the agreement as provided in par. (b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living.

AB1036,119 Section 119. 938.366 (3) (c) of the statutes is amended to read:

AB1036,48,17 938.366 (3) (c) A person who terminates a voluntary agreement under this subsection, or the person's guardian on the person's behalf, may request the agency primarily responsible for providing services to the person under the agreement to enter into a new voluntary agreement under this subsection at any time before the person is granted a high school or high school equivalency diploma or reaches attains 21 years of age, whichever occurs first, so long as the person is a full-time student at a secondary school or its vocational or technical equivalent and an individualized education program under s. 115.787 is in effect for him or her meets any of the conditions for eligibility described in sub. (1m). If the request meets the conditions set forth in the rules promulgated under sub. (4) (b), the agency shall enter into a new voluntary agreement with that person.

AB1036,120 Section 120 . 938.39 of the statutes is amended to read:

AB1036,48,23 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17 becomes an adult. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

AB1036,121 Section 121. 938.396 (1) (b) 5. of the statutes is amended to read:

AB1036,49,2 938.396 (1) (b) 5. The disclosure of information relating to a juvenile 10 13 years of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.

AB1036,122 Section 122 . Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB1036,49,5 CHAPTER 938

AB1036,49,8 SUBCHAPTER IX JURISDICTION OVER PERSONS 17 OR OLDER adults

AB1036,123 Section 123 . 938.44 of the statutes is amended to read:

AB1036,49,12 938.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355 (4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.

AB1036,124 Section 124 . 938.45 (1) (a) of the statutes is amended to read:

AB1036,49,21 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and from where funds for the maintenance or care shall be paid.

AB1036,125 Section 125 . 938.45 (3) of the statutes is amended to read:

AB1036,50,2 938.45 (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

AB1036,126 Section 126 . 938.48 (4m) (title) of the statutes is amended to read:

AB1036,50,5 938.48 (4m) (title) Continuing care and services for juveniles over 17 who become adults.

AB1036,127 Section 127 . 938.48 (4m) (a) of the statutes is amended to read:

AB1036,50,7 938.48 (4m) (a) Is at least 17 years of age an adult.

AB1036,128 Section 128 . 938.48 (4m) (b) of the statutes, as affected by 2019 Wisconsin Act 8, is amended to read:

AB1036,50,12 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an adult.

AB1036,129 Section 129 . 938.48 (14) of the statutes, as affected by 2019 Wisconsin Act 8, is amended to read:

AB1036,50,22 938.48 (14) School-related expenses for juveniles over 17 who become adults. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became adults, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age becoming adults were under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) as a result of a judicial decision.

AB1036,130 Section 130. 938.52 (1) (d) of the statutes is amended to read:

AB1036,51,3 938.52 (1) (d) Institutions, facilities, and services, including forestry or conservation camps, for the training and treatment of juveniles 10 13 years of age or older who have been adjudged delinquent.

AB1036,131 Section 131. 938.532 of the statutes is created to read:

AB1036,51,8 938.532 Multisystemic therapy. (1) In this section, “multisystemic therapy” means an intensive and ongoing family-based and community-based treatment that addresses multiple factors that lead to antisocial behavior in juveniles and that is delivered in a juvenile's home, school, or community.

AB1036,51,10 (2) The department shall license multisystemic therapy providers who provide services under sub. (3).

AB1036,51,12 (3) The department shall contract for or provide multisystemic therapy for a juvenile for whom this treatment has been ordered under s. 938.34.

AB1036,51,15 (4) The department shall promulgate rules to implement this section and to govern the licensing, training, and qualification requirements for a person who provides multisystemic therapy under sub. (3).

AB1036,132 Section 132. 938.545 of the statutes is created to read:

AB1036,51,21 938.545 Diversion services grant program. (1) The department of children and families may make grants available to counties or Indian tribes to enable them to establish and operate evidence-based programs that provide services to juveniles as a method of diverting them from coming under the jurisdiction of the court.

AB1036,51,24 (2) The department of children and families may make the grants for the programs specified in sub. (1) within the availability of funding under s. 20.437 (1) (be).

AB1036,52,2 (3) A county or Indian tribe that operates a program funded under this section shall do all of the following: