Amendment SSA1-AB68

AB68-SSA1,3146 Section 3146 . 938.183 (1) (intro.) of the statutes is amended to read:

AB68-SSA1,1447,7 938.183 (1) Juveniles under adult court jurisdiction. (intro.) Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal jurisdiction have exclusive original jurisdiction over all of the following:

AB68-SSA1,3147 Section 3147. 938.183 (1) (am) of the statutes is amended to read:

AB68-SSA1,1447,11 938.183 (1) (am) A juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's 10th 12th birthday.

AB68-SSA1,3148 Section 3148 . 938.183 (1d) of the statutes is created to read:

AB68-SSA1,1447,19 938.183 (1d) Nonapplicability. A court of criminal jurisdiction does not have exclusive original jurisdiction over a juvenile as provided in sub. (1) with respect to any violation committed on or after the effective date of this subsection .... [LRB inserts date]. A juvenile who is alleged to have committed a violation described in sub. (1) on or after the effective date of this subsection .... [LRB inserts date], is subject to the jurisdiction of the court assigned to exercise jurisdiction under this chapter as provided in s. 938.12.

AB68-SSA1,3149 Section 3149 . 938.183 (3) of the statutes is amended to read:

AB68-SSA1,1448,3 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013 (3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB68-SSA1,3150 Section 3150. 938.184 of the statutes is created to read:

AB68-SSA1,1448,8 938.184 Extended juvenile jurisdiction. (1) Extended juvenile court jurisdiction; conditions for. A petition requesting extended juvenile jurisdiction may be granted if the court finds, after hearing, and by clear and convincing evidence, that all of the following conditions are met:

AB68-SSA1,1448,10 (a) The juvenile qualifies for waiver of juvenile court jurisdiction under s. 938.18.

AB68-SSA1,1448,12 (b) If adjudged delinquent, the juvenile qualifies for a correctional placement under s. 938.34 (4m).

AB68-SSA1,1448,14 (c) If adjudged delinquent, a disposition under s. 938.34 (4m) is insufficient to protect public safety or for rehabilitation of the juvenile.

AB68-SSA1,1448,20 (2) Petition. A district attorney or a juvenile may file a petition requesting extended juvenile jurisdiction under this section or the court may initiate a hearing under this section on its own motion. The petition shall contain a brief statement of the facts supporting the request for extended juvenile jurisdiction and shall be accompanied by or filed after the filing of a petition alleging delinquency but prior to the plea hearing.

AB68-SSA1,1449,2 (3) Agency report. The court may designate an agency, as defined in s. 938.38 (1) (a), to submit a report evaluating the juvenile's eligibility for jurisdiction under this section. The agency shall file the report with the court, and the court shall cause copies of the report to be given to the juvenile; any parent, guardian, or legal custodian of the juvenile; and the juvenile's counsel at least 3 days before the hearing. The court may rely on facts stated in the report in making its findings with respect to the criteria under sub. (1) (a) and (b).

AB68-SSA1,1449,9 (4) Rights of juvenile. The juvenile shall be represented by counsel. Written notice of the time, place, and purpose of the hearing shall be given to the juvenile; any parent, guardian, or legal custodian; and the juvenile's counsel at least 3 days prior to the hearing. The notice shall contain a statement of the requirements of s. 938.29 (2) with regard to substitution of the judge. If parents entitled to notice have the same address, notice to one constitutes notice to the other. Counsel for the juvenile shall have access to the social records and other reports under s. 938.293.

AB68-SSA1,1449,13 (5) Decision on petition. A hearing on a petition under this section shall be to the court. If the court determines on the record that the juvenile qualifies for extended juvenile jurisdiction based on the criteria in sub. (1), the court shall grant the petition and maintain jurisdiction of the juvenile.

AB68-SSA1,1449,15 (6) Effect of extended juvenile jurisdiction. If a juvenile is subject to extended juvenile jurisdiction, all of the following apply:

AB68-SSA1,1449,16 (a) The juvenile has a right to a jury in the hearing under s. 938.31.

AB68-SSA1,1449,17 (b) The court may impose any disposition available under s. 938.34.

AB68-SSA1,1449,20 (c) If the court imposes a disposition under s. 938.34 (4p), the court maintains jurisdiction over the individual until the termination of the order under that subsection, as provided under s. 938.355 (4) (b) 5.

AB68-SSA1,3151 Section 3151. 938.19 (1) (d) 6. of the statutes is amended to read:

AB68-SSA1,1450,2 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered supervision, community supervision, or aftercare supervision; a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth; or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

AB68-SSA1,3152 Section 3152. 938.20 (2) (cm) of the statutes is amended to read:

AB68-SSA1,1450,10 938.20 (2) (cm) If the juvenile has violated a condition of community supervision or aftercare supervision, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department of corrections or county department, whichever has supervision over the juvenile.

AB68-SSA1,3153 Section 3153. 938.20 (7) (c) 1m. of the statutes is amended to read:

AB68-SSA1,1450,17 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of community supervision or aftercare supervision , a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department of corrections or county department, whichever has supervision of the juvenile.

AB68-SSA1,3154 Section 3154. 938.20 (8) (c) of the statutes is amended to read:

AB68-SSA1,1451,2 938.20 (8) (c) If a juvenile who has violated a condition of community supervision or aftercare supervision, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534 is held in custody, the intake worker shall also notify the department of corrections or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the detention hearing required under s. 938.21.

AB68-SSA1,3155 Section 3155. 938.205 (1) (c) of the statutes is amended to read:

AB68-SSA1,1451,11 938.205 (1) (c) That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, proceedings of the division of hearings and appeals in the department of administration for revocation of community supervision or aftercare supervision, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

AB68-SSA1,3156 Section 3156. 938.208 (1) (intro.) of the statutes is amended to read:

AB68-SSA1,1451,25 938.208 (1) Delinquent act and risk of harm or running away. (intro.) Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing, a revocation of community supervision or aftercare supervision hearing, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534. For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:

AB68-SSA1,3157 Section 3157. 938.208 (1) (b) of the statutes is amended to read:

AB68-SSA1,1452,6 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

AB68-SSA1,3158 Section 3158. 938.21 (1) (c) of the statutes is created to read:

AB68-SSA1,1452,16 938.21 (1) (c) If the juvenile is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency primarily responsible for providing services under the custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive a copy of the petition or request under par. (b) no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made:

AB68-SSA1,1452,18 1. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

AB68-SSA1,1452,20 2. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68-SSA1,1452,23 3. The reasons why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

AB68-SSA1,1453,3 4. The placement preference of the family permanency team under s. 938.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68-SSA1,3159 Section 3159. 938.21 (5) (b) 2g. of the statutes is created to read:

AB68-SSA1,1453,10 938.21 (5) (b) 2g. Except as provided in par. (cm), if the juvenile is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation submitted by the qualified individual who conducted the standardized assessment under sub. (1) (c):

AB68-SSA1,1453,12 a. Whether the needs of the juvenile can be met through placement in a foster home.

AB68-SSA1,1453,16 b. Whether placement of the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the juvenile in the least restrictive environment.

AB68-SSA1,1453,18 c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as identified in the permanency planning.

AB68-SSA1,1453,19 d. Whether the court approves or disapproves the placement.

AB68-SSA1,3160 Section 3160. 938.21 (5) (cm) of the statutes is created to read:

AB68-SSA1,1454,2 938.21 (5) (cm) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required under sub. (1) (c) but not available at the time of the order, the court shall defer making the findings under par. (b) 2g. as provided in this paragraph. No later than 60 days after the date on which the placement is made, the court shall issue an order making the findings under par. (b) 2g.

AB68-SSA1,3161 Section 3161. 938.217 (1) (b) 2. of the statutes is amended to read:

AB68-SSA1,1454,8 938.217 (1) (b) 2. The notice shall contain the name and address of the new placement, the reasons for the change in placement, whether the new placement is certified under s. 48.675, and a statement describing why the new placement is preferable to the present placement. The person sending the notice shall file the notice with the court on the same day that the notice is sent.

AB68-SSA1,3162 Section 3162. 938.217 (1) (b) 3. and 4. of the statutes are created to read:

AB68-SSA1,1454,19 938.217 (1) (b) 3. If the proposed change in placement would place the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive the notice under subd. 1. no later than the filing of that notice or, if not available by that time, and except as provided under subd. 4., no later than 10 days after the notice is filed:

AB68-SSA1,1454,21 a. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment.

AB68-SSA1,1454,23 b. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68-SSA1,1455,3 c. The reasons why the juvenile's needs can or cannot be met by the juvenile's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the juvenile's needs cannot be met in a foster home.

AB68-SSA1,1455,6 d. The placement preference of the family permanency team under s. 938.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68-SSA1,1455,11 4. If, for good cause shown, the information required to be submitted under subd. 3. is not available by the deadline under that subdivision, the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it no later than 30 days after the date on which the placement is made.

AB68-SSA1,3163 Section 3163. 938.217 (2) of the statutes is renumbered 938.217 (2) (a).

AB68-SSA1,3164 Section 3164. 938.217 (2) (b) and (c) of the statutes are created to read:

AB68-SSA1,1455,22 938.217 (2) (b) 1. If the emergency change in placement under par. (a) results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information specified under sub. (1) (b) 3. with the notice under par. (a) or, if not available at that time, and except as provided under subd. 2., no later than 10 days after the filing of that notice.

AB68-SSA1,1456,2 2. If, for good cause shown, the information required to be submitted under subd. 1. is not available by the deadline under that subdivision, the intake worker or agency primarily responsible for providing services under a temporary physical custody order shall submit it no later than 30 days after the date on which the placement was made.

AB68-SSA1,1456,9 (c) If the emergency change in placement under par. (a) results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the court shall, no later than 60 days after the placement is made, issue an order making all of the findings required under sub. (2v) (d) 1., the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment.

AB68-SSA1,3165 Section 3165. 938.217 (2m) (b) 3. of the statutes is created to read:

AB68-SSA1,1456,19 938.217 (2m) (b) 3. If the change in placement results in a juvenile being placed in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the agency primarily responsible for providing services under the temporary physical custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including the information under sub. (1) (b) 3., to the court and to all persons who are required to receive the notice under subd. 2., no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made.

AB68-SSA1,3166 Section 3166. 938.217 (2v) (d) 1. and 2. of the statutes are created to read:

AB68-SSA1,1457,2 938.217 (2v) (d) 1. Except as provided in subd. 2., if the court changes the placement to a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the change-in-placement order shall contain a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:

AB68-SSA1,1457,4 a. Whether the needs of the juvenile can be met through placement in a foster home.

AB68-SSA1,1457,8 b. Whether placement of the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the juvenile in the least restrictive environment.

AB68-SSA1,1457,10 c. Whether the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.

AB68-SSA1,1457,11 d. Whether the court approves or disapproves the placement.

AB68-SSA1,1457,17 2. If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are not available at the time of the order, the court shall defer making the findings under subd. 1. as provided in this subdivision. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under subd. 1.

AB68-SSA1,3167 Section 3167. 938.22 (2) (d) of the statutes is repealed.

AB68-SSA1,3168 Section 3168. 938.23 (1m) (as) of the statutes is created to read:

AB68-SSA1,1457,21 938.23 (1m) (as) A juvenile subject to a dispositional order under s. 938.34 (4p) is entitled to representation by counsel at the hearing under s. 938.369.

AB68-SSA1,3169 Section 3169. 938.245 (2g) of the statutes is amended to read:

AB68-SSA1,1458,4 938.245 (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 12 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.

AB68-SSA1,3170 Section 3170 . 938.255 (1) (intro.) of the statutes is amended to read:

AB68-SSA1,1458,12 938.255 (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:

AB68-SSA1,3171 Section 3171 . 938.299 (1) (a) of the statutes is amended to read:

AB68-SSA1,1459,2 938.299 (1) (a) Except as provided in par. (ar), the The general public shall be excluded from hearings under this chapter unless a public fact-finding hearing is demanded by a juvenile through his or her counsel. The court shall refuse to grant the public hearing, however, if the victim of an alleged sexual assault objects or, in a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is not held, only the parties, their counsel, witnesses, a representative of the news media who wishes to attend the hearing for the purpose of reporting news without revealing the identity of the juvenile involved and other persons requested by a party and approved by the court may be present. Any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar or a person engaged in the bona fide research, monitoring, or evaluation of activities conducted under 42 USC 629h, as determined by the director of state courts, may be admitted by the court.

AB68-SSA1,3172 Section 3172 . 938.299 (1) (ar) of the statutes is repealed.

AB68-SSA1,3173 Section 3173 . 938.299 (1) (av) of the statutes is amended to read:

AB68-SSA1,1459,6 938.299 (1) (av) If a public hearing is held under par. (a) or (ar), any person may disclose to anyone any information obtained as a result of that hearing.

AB68-SSA1,3174 Section 3174 . 938.299 (2) of the statutes is created to read:

AB68-SSA1,1459,12 938.299 (2) Use of restraints on a juvenile. (a) Except as provided in par. (b), instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other similar items may not be used on a juvenile during a court proceeding under this chapter and shall be removed prior to the juvenile being brought into the courtroom to appear before the court.

AB68-SSA1,1459,15 (b) A court may order a juvenile to be restrained during a court proceeding upon request of the district attorney, corporation counsel, or other appropriate official specified under s. 938.09 if the court finds all of the following:

AB68-SSA1,1459,16 1. That the use of restraints is necessary due to one of the following factors:

AB68-SSA1,1459,18 a. Instruments of restraint are necessary to prevent physical harm to the juvenile or another person.