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AB68-ASA2-AA7,29,13 12(f) If the parolee waives the final administrative hearing, the secretary of
13corrections
shall enter an order revoking or not revoking parole.
AB68-ASA2-AA7,29,20 14(g) If the hearing examiner, the administrator upon review, or the secretary in
15the case of a waiver finds that the prisoner has violated the rules or conditions of
16parole, the examiner, the administrator upon review, or the secretary in the case of
17a waiver, may order the prisoner returned to prison to continue serving his or her
18sentence, or to continue on parole. The hearing examiner, administrator, or
19secretary may not revoke parole under this subsection unless one of the following
20applies:
AB68-ASA2-AA7,29,23 21(h) If the prisoner claims or appears to be indigent, the department shall refer
22the prisoner to the authority for indigency determinations specified under s. 977.07
23(1).
AB68-ASA2-AA7,389u 24Section 389u. 304.06 (3) (g) 1. to 5. of the statutes are created to read:
AB68-ASA2-AA7,30,2
1304.06 (3) (g) 1. The person has committed 3 or more independent violations
2while released on parole.
AB68-ASA2-AA7,30,43 2. The condition that the person violated was a condition that the person not
4contact any specified individual.
AB68-ASA2-AA7,30,55 3. The person was required to register as a sex offender under s. 301.45.
AB68-ASA2-AA7,30,76 4. When the person violated the condition of parole, the person also allegedly
7committed a crime.
AB68-ASA2-AA7,30,98 5. The person failed to report or make himself or herself available for
9supervision for a period of more than 60 consecutive days.
AB68-ASA2-AA7,389v 10Section 389v. 304.06 (3g) of the statutes is repealed.
AB68-ASA2-AA7,389w 11Section 389w. 304.072 (4) of the statutes is amended to read:
AB68-ASA2-AA7,30,1612 304.072 (4) The sentence of a revoked parolee or person on extended
13supervision resumes running on the day he or she is received at a correctional
14institution subject to sentence credit for the period of custody in a jail, correctional
15institution or any other detention facility pending revocation according to the terms
16of s. 973.155 and subject to earned compliance credit under s. 973.156.”.
AB68-ASA2-AA7,30,17 1729. Page 346, line 17: after that line insert:
AB68-ASA2-AA7,30,18 18 Section 389do. 302.113 (title) of the statutes is amended to read:
AB68-ASA2-AA7,30,20 19302.113 (title) Release to extended supervision for felony offenders not
20serving life sentences
and youthful offenders.
AB68-ASA2-AA7,389dp 21Section 389dp. 302.113 (1) of the statutes is amended to read:
AB68-ASA2-AA7,31,222 302.113 (1) An inmate is subject to this section if he or she is serving a
23bifurcated sentence imposed under s. 973.01 or, if the inmate is a youthful offender,
24as defined in s. 973.014 (3) (a), a life sentence imposed under s. 973.014 (3) (b) or (c)

1or, if the youthful offender is sentenced before the effective date of this subsection ....
2[LRB inserts date], s. 973.014 (1g)
.
AB68-ASA2-AA7,389dq 3Section 389dq. 302.113 (2) of the statutes is amended to read:
AB68-ASA2-AA7,31,84 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this
5section is entitled to release to extended supervision after he or she has served the
6term of confinement in prison portion of the sentence imposed under s. 973.01, as
7modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3)
8(c) 2. a., 973.018, 973.195 (1r), or 973.198, if applicable.
AB68-ASA2-AA7,389Lm 9Section 389Lm. 302.114 (1) of the statutes is amended to read:
AB68-ASA2-AA7,31,1510 302.114 (1) An inmate is subject to this section if he or she is serving a life
11sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence
12under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to extended
13supervision under this section. This section does not apply to a youthful offender, as
14defined in s. 973.014 (3) (a), who was sentenced under s. 973.014 (1g) before the
15effective date of this subsection .... [LRB inserts date].
AB68-ASA2-AA7,389om 16Section 389om. 303.065 (1) (b) 1. of the statutes is amended to read:
AB68-ASA2-AA7,31,2217 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence
18specified in subd. 2., may be considered for work release only after he or she has
19reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b) or (3) (b),
20whichever is applicable, or he or she has reached his or her extended supervision
21eligibility date under s. 302.114 (9) (am) or 973.014 (1g) (a) 1. or 2. or (3) (c), whichever
22is applicable.
AB68-ASA2-AA7,389sc 23Section 389sc. 304.02 (5) of the statutes is amended to read:
AB68-ASA2-AA7,32,3
1304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
2sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or , (1g), or (3) (c) is not eligible for
3release to parole supervision under this section.
AB68-ASA2-AA7,389sh 4Section 389sh. 304.06 (1) (b) of the statutes is amended to read:
AB68-ASA2-AA7,32,205 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s.
6302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135 , or 973.018, the parole commission
7may parole an inmate of the Wisconsin state prisons or any felon or any person
8serving at least one year or more in a county house of correction or a county
9reforestation camp organized under s. 303.07, when he or she has served 25 percent
10of the sentence imposed for the offense, or 6 months, whichever is greater. Except
11as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or, (2), or (3) (b) or (c),
12the parole commission may parole an inmate serving a life term when he or she has
13served 20 years, as modified by the formula under s. 302.11 (1) and subject to
14extension under s. 302.11 (1q) and (2), or reduction under s. 973.018, if applicable.
15The person serving the life term shall be given credit for time served prior to
16sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary
17may grant special action parole releases under s. 304.02. The department or the
18parole commission shall not provide any convicted offender or other person
19sentenced to the department's custody any parole eligibility or evaluation until the
20person has been confined at least 60 days following sentencing.
AB68-ASA2-AA7,389vm 21Section 389vm. 304.071 (2) of the statutes is amended to read:
AB68-ASA2-AA7,32,2422 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats.,
23or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or , (1g), or (3) (c), or 973.032 (5), he or
24she is not eligible for parole under this section.”.
AB68-ASA2-AA7,33,1
130. Page 346, line 17: after that line insert:
AB68-ASA2-AA7,33,2 2 Section 389nm. 302.31 (7) of the statutes is amended to read:
AB68-ASA2-AA7,33,83 302.31 (7) The temporary placement of persons in the custody of the
4department, other than persons under 17 years of age minors, and persons who have
5attained the age of 17 years but have not attained
adults under the age of 25 years
6who are under the supervision of the department under s. 938.355 (4) and who have
7been taken into custody pending revocation of community supervision or aftercare
8supervision under s. 938.357 (5) (e).”.
AB68-ASA2-AA7,33,9 931. Page 346, line 17: after that line insert:
AB68-ASA2-AA7,33,10 10 Section 389og. 302.43 of the statutes is amended to read:
AB68-ASA2-AA7,34,2 11302.43 Good time. Every inmate of a county jail is eligible to earn good time
12in the amount of one-fourth of his or her term for good behavior if sentenced to at
13least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
14for time served prior to sentencing under s. 973.155, including good time under s.
15973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
16or refuses to perform any duty lawfully required of him or her, may be deprived by
17the sheriff of good time under this section, except that the sheriff shall not deprive
18the inmate of more than 2 days good time for any one offense without the approval
19of the court. An inmate who files an action or special proceeding, including a petition
20for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
21the number of days of good time specified in the court order prepared under s. 807.15
22(3). This section does not apply to a person who is confined in the county jail in
23connection with his or her participation in a substance abuse treatment program

1that meets the requirements of s. 165.95 (3), as determined by the department of
2justice under s. 165.95 (9) and (10).”.
AB68-ASA2-AA7,34,3 332. Page 355, line 11: after that line insert:
AB68-ASA2-AA7,34,4 4 Section 416a. 808.075 (4) (g) 3. of the statutes is amended to read:
AB68-ASA2-AA7,34,65 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s.
6973.10 (2) (a) (bm) 2. a.
AB68-ASA2-AA7,416am 7Section 416am. 911.01 (4) (c) of the statutes is amended to read:
AB68-ASA2-AA7,34,168 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
9rendition; sentencing, granting or revoking probation, modification of a bifurcated
10sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s.
11973.01 (5m), 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s.
12968.375, arrest warrants, criminal summonses, and search warrants; hearings
13under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to
14pretrial release under ch. 969 except where habeas corpus is utilized with respect to
15release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6)
16to compel provision of a biological specimen for deoxyribonucleic acid analysis.
AB68-ASA2-AA7,416zbg 17Section 416zbg. 939.50 (3) (d) of the statutes is amended to read:
AB68-ASA2-AA7,34,1918 939.50 (3) (d) For a Class D felony, a fine not to exceed $100,000 or
19imprisonment not to exceed 25 20 years, or both.
AB68-ASA2-AA7,416zk 20Section 416zk. 950.04 (1v) (gm) of the statutes is amended to read:
AB68-ASA2-AA7,34,2321 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of
22petitions for sentence adjustment as provided under s. 973.01 (5m) (d), 973.018 (3)
23(e),
973.09 (3m), 973.195 (1r) (d), or 973.198.
AB68-ASA2-AA7,416zm 24Section 416zm. 950.04 (1v) (vg) of the statutes is amended to read:
AB68-ASA2-AA7,35,4
1950.04 (1v) (vg) To have the department of corrections make a reasonable
2attempt to notify the victim, pursuant to s. 302.107, of a revocation of parole or of
3release to extended supervision under s. 302.11 (7), 302.113 (9), 302.114 (9), or 304.06
4(3) or (3g).”.
AB68-ASA2-AA7,35,5 533. Page 355, line 11: after that line insert:
AB68-ASA2-AA7,35,6 6 Section 416zbm. 939.616 (1g) of the statutes is amended to read:
AB68-ASA2-AA7,35,117 939.616 (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or
8948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2. and except as provided
9under s. 973.018
, the court may not make an extended supervision eligibility date
10determination on a date that will occur before the person has served a 25-year term
11of confinement in prison.
AB68-ASA2-AA7,416zbs 12Section 416zbs. 939.62 (2m) (b) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,35,1513 939.62 (2m) (b) (intro.) The actor is a persistent repeater if the offense for which
14he or she is presently being sentenced was committed after he or she attained the age
15of 18 and
one of the following applies:
AB68-ASA2-AA7,416zL 16Section 416zL. 950.04 (1v) (m) of the statutes is amended to read:
AB68-ASA2-AA7,35,1917 950.04 (1v) (m) To provide statements concerning sentencing, disposition, or
18parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b) 1g., 938.335 (3m) (ag), and
19972.14 (3) (a), and 973.018 (4) (d).”.
AB68-ASA2-AA7,35,20 2034. Page 355, line 11: after that line insert:
AB68-ASA2-AA7,35,21 21 Section 416b. 938.02 (1) of the statutes is amended to read:
AB68-ASA2-AA7,36,222 938.02 (1) “Adult" means a person who is 18 years of age or older, except that
23for purposes of investigating or prosecuting a person who is alleged to have violated

1any state or federal criminal law or any civil law or municipal ordinance, “adult"

2means a person who has attained 17 years of age.
AB68-ASA2-AA7,416bm 3Section 416bm. 938.02 (10m) of the statutes is amended to read:
AB68-ASA2-AA7,36,84 938.02 (10m) “Juvenile," when used without further qualification, means a
5person who is less than 18 years of age, except that for purposes of investigating or
6prosecuting a person who is alleged to have violated a state or federal criminal law
7or any civil law or municipal ordinance, “juvenile" does not include a person who has
8attained 17 years of age
.
AB68-ASA2-AA7,416c 9Section 416c. 938.12 (2) of the statutes is amended to read:
AB68-ASA2-AA7,36,1410 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition
11alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age
12becomes an adult, but the juvenile becomes 17 years of age an adult before admitting
13the facts of the petition at the plea hearing or, if the juvenile denies the facts, before
14an adjudication, the court retains jurisdiction over the case.
AB68-ASA2-AA7,416d 15Section 416d. 938.18 (2) of the statutes is amended to read:
AB68-ASA2-AA7,36,2416 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the
17district attorney or the juvenile or may be initiated by the court and shall contain a
18brief statement of the facts supporting the request for waiver. The petition for waiver
19of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
20delinquency and shall be filed prior to the plea hearing, except that if the juvenile
21denies the facts of the petition and becomes 17 years of age an adult before an
22adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
23the adjudication. If the court initiates the petition for waiver of jurisdiction, the
24judge shall disqualify himself or herself from any future proceedings on the case.
AB68-ASA2-AA7,416e 25Section 416e. 938.183 (3) of the statutes is amended to read:
AB68-ASA2-AA7,37,8
1938.183 (3) Placement in state prison; parole. When Subject to s. 973.013
2(3m), when
a juvenile who is subject to a criminal penalty under sub. (1m) or s.
3938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department
4of corrections may place the juvenile in a state prison named in s. 302.01, except that
5that department may not place any person under the age of 18 years in the
6correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
7criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
8committed before December 31, 1999, is eligible for parole under s. 304.06.
AB68-ASA2-AA7,416f 9Section 416f. 938.255 (1) (intro.) of the statutes is amended to read:
AB68-ASA2-AA7,37,1610 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
11under this chapter, other than a petition initiating proceedings under s. 938.12,
12938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
13person under the age of 18".." A petition initiating proceedings under s. 938.12,
14938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person
15under the age of 17".
juvenile." A petition initiating proceedings under this chapter
16shall specify all of the following:
AB68-ASA2-AA7,416g 17Section 416g. 938.34 (8) of the statutes is amended to read:
AB68-ASA2-AA7,38,1518 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
19this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
20The maximum forfeiture that the court may impose under this subsection for a
21violation by a juvenile is the maximum amount of the fine that may be imposed on
22an adult for committing that violation or, if the violation is applicable only to a person
23under 18 years of age
juveniles, $100. The order shall include a finding that the
24juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
25for payment. If the juvenile fails to pay the forfeiture, the court may vacate the

1forfeiture and order other alternatives under this section; or the court may suspend
2any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
3suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
4than 2 years. If the court suspends any license under this subsection, the clerk of the
5court shall immediately take possession of the suspended license if issued under ch.
629 or, if the license is issued under ch. 343, the court may take possession of, and if
7possession is taken, shall destroy, the license. The court shall forward to the
8department which that issued the license a notice of suspension stating that the
9suspension is for failure to pay a forfeiture imposed by the court, together with any
10license issued under ch. 29 of which the court takes possession. If the forfeiture is
11paid during the period of suspension, the suspension shall be reduced to the time
12period which that has already elapsed and the court shall immediately notify the
13department, which shall then, if the license is issued under ch. 29, return the license
14to the juvenile. Any recovery under this subsection shall be reduced by the amount
15recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB68-ASA2-AA7,416h 16Section 416h. 938.343 (2) of the statutes is amended to read:
AB68-ASA2-AA7,39,817 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum
18forfeiture that may be imposed on an adult for committing that violation or, if the
19violation is only applicable to a person under 18 years of age juveniles, $50. The
20order shall include a finding that the juvenile alone is financially able to pay and
21shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
22the court may suspend any license issued under ch. 29 or suspend the juvenile's
23operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
24shall immediately take possession of the suspended license if issued under ch. 29 or,
25if the license is issued under ch. 343, the court may take possession of, and if

1possession is taken, shall destroy, the license. The court shall forward to the
2department which that issued the license the notice of suspension stating that the
3suspension is for failure to pay a forfeiture imposed by the court, together with any
4license issued under ch. 29 of which the court takes possession. If the forfeiture is
5paid during the period of suspension, the court shall immediately notify the
6department, which shall, if the license is issued under ch. 29, return the license to
7the person. Any recovery under this subsection shall be reduced by the amount
8recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
AB68-ASA2-AA7,416i 9Section 416i. 938.344 (3) of the statutes is amended to read:
AB68-ASA2-AA7,39,1710 938.344 (3) Prosecution in adult court. If the juvenile alleged to have
11committed the violation is within 3 months of his or her 17th birthday becoming an
12adult
, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
13at the request of the district attorney or on its own motion, dismiss the citation
14without prejudice and refer the matter to the district attorney for prosecution under
15s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
16This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or
17961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB68-ASA2-AA7,416j 18Section 416j. 938.35 (1m) of the statutes is amended to read:
AB68-ASA2-AA7,39,2419 938.35 (1m) Future criminal proceedings barred. Disposition by the court
20assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
21under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
22in criminal court when the juvenile attains 17 years of age becomes an adult. This
23subsection does not affect proceedings in criminal court that have been transferred
24under s. 938.18.
AB68-ASA2-AA7,416k 25Section 416k. 938.355 (4) (b) of the statutes is amended to read:
AB68-ASA2-AA7,40,21
1938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d)
2or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
3after the date on which the order is granted or until the juvenile's 18th 19th birthday,
4whichever is earlier, unless the court specifies a shorter period of time or the court
5terminates the order sooner. If the order does not specify a termination date, it shall
6apply for one year after the date on which the order is granted or until the juvenile's
718th 19th birthday, whichever is earlier, unless the court terminates the order
8sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
9the juvenile attains 18 years of age shall apply for 5 years after the date on which the
10order is granted, if the juvenile is adjudicated delinquent for committing a violation
11of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
12felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
13juvenile is adjudicated delinquent for committing an act that would be punishable
14as a Class A felony if committed by an adult. Except as provided in s. 938.368, an
15extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile
16attains 17 years of age becomes an adult shall terminate at the end of one year after
17the date on which the order is granted unless the court specifies a shorter period of
18time or the court terminates the order sooner. No extension under s. 938.365 of an
19original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted
20for a juvenile who is 17 years of age or older when becomes an adult by the time the
21original dispositional order terminates.
AB68-ASA2-AA7,416L 22Section 416L. 938.355 (4m) (a) of the statutes is amended to read:
AB68-ASA2-AA7,41,323 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12,
241993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition
25the court to expunge the court's record of the juvenile's adjudication. Subject to par.

1(b), the court may expunge the record if the court determines that the juvenile has
2satisfactorily complied with the conditions of his or her dispositional order and that
3the juvenile will benefit from, and society will not be harmed by, the expungement.
AB68-ASA2-AA7,416m 4Section 416m. 938.39 of the statutes is amended to read:
AB68-ASA2-AA7,41,9 5938.39 Disposition by court bars criminal proceeding. Disposition by the
6court of any violation of state law within its jurisdiction under s. 938.12 bars any
7future criminal proceeding on the same matter in circuit court when the juvenile
8reaches the age of 17 becomes an adult. This section does not affect criminal
9proceedings in circuit court that were transferred under s. 938.18.
AB68-ASA2-AA7,416n 10Section 416n. Subchapter IX (title) of chapter 938 [precedes 938.44] of the
11statutes is amended to read:
AB68-ASA2-AA7,41,1212 CHAPTER 938
AB68-ASA2-AA7,41,1513 SUBCHAPTER IX
14 JURISDICTION OVER PERSONS 17
15 OR OLDER
adults
AB68-ASA2-AA7,416o 16Section 416o. 938.44 of the statutes is amended to read:
AB68-ASA2-AA7,41,19 17938.44 Jurisdiction over persons 17 or older adults. The court has
18jurisdiction over persons 17 years of age or older adults as provided under ss. 938.355
19(4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
AB68-ASA2-AA7,416p 20Section 416p. 938.45 (1) (a) of the statutes is amended to read:
AB68-ASA2-AA7,42,321 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent
22under s. 938.12 or in need of protection or services under s. 938.13 it appears that any
23person 17 years of age or older adult has been guilty of contributing to, encouraging,
24or tending to cause by any act or omission, such that condition of the juvenile, the
25court may make orders with respect to the conduct of that person in his or her

1relationship to the juvenile, including orders relating to determining the ability of
2the person to provide for the maintenance or care of the juvenile and directing when,
3how, and from where funds for the maintenance or care shall be paid.
AB68-ASA2-AA7,416q 4Section 416q. 938.45 (3) of the statutes is amended to read:
AB68-ASA2-AA7,42,95 938.45 (3) Prosecution of adult contributing to delinquency of juvenile.
6If it appears at a court hearing that any person 17 years of age or older adult has
7violated s. 948.40, the court shall refer the record to the district attorney. This
8subsection does not prohibit prosecution of violations of s. 948.40 without the prior
9reference by the court to the district attorney.
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