AB68-SSA1,1542,23 967.056 Prosecution of offenses; disorderly conduct. (1) If a person is accused of or charged with disorderly conduct in violation of s. 947.01 or a local ordinance in conformity with s. 947.01, a prosecutor shall offer the person an alternative to prosecution under sub. (2) if all of the following apply:

AB68-SSA1,1542,24 (a) The accused or charged violation is the person's first violation of s. 947.01.

AB68-SSA1,1543,2 (b) The person has not previously been convicted of a misdemeanor or felony for conduct that is substantially similar to the accused or charged violation.

AB68-SSA1,1543,5 (c) The person has not been convicted of a felony in this state or of a violation in another state that would be a felony if committed by an adult in this state in the preceding 3 years.

AB68-SSA1,1543,7 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

AB68-SSA1,1543,8 (a) A deferred prosecution agreement that includes restitution, if applicable.

AB68-SSA1,1543,10 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.

AB68-SSA1,3417 Section 3417 . 967.11 (1) of the statutes is amended to read:

AB68-SSA1,1543,14 967.11 (1) In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB68-SSA1,3418 Section 3418 . 967.11 (2) of the statutes is amended to read:

AB68-SSA1,1543,21 967.11 (2) If a county establishes an approved substance abuse treatment program and the approved program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an the approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

AB68-SSA1,3419 Section 3419 . 967.13 of the statutes is created to read:

AB68-SSA1,1544,3 967.13 Use of restraints on an individual under 18 years of age. (1) Except as provided in sub. (2), instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other similar items may not be used on an individual under 18 years of age during a court proceeding and shall be removed prior to the individual being brought into the courtroom to appear before the court.

AB68-SSA1,1544,6 (2) A court may order an individual under 18 years of age to be restrained during a court proceeding upon the request of the prosecutor if the court finds all of the following:

AB68-SSA1,1544,7 (a) That the use of restraints is necessary due to one of the following factors:

AB68-SSA1,1544,9 1. Instruments of restraint are necessary to prevent physical harm to the individual or another person.

AB68-SSA1,1544,13 2. The individual has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or the individual presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior.

AB68-SSA1,1544,15 3. There is a reasonable belief that the individual presents a substantial risk of flight from the courtroom.

AB68-SSA1,1544,18 (b) That there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the individual or another person, including the presence of court personnel, law enforcement officers, or bailiffs.

AB68-SSA1,1544,22 (3) The court shall provide the attorney of the individual under 18 years of age an opportunity to be heard before the court orders the use of restraints under sub. (2). The court shall make written findings of fact in support of any order to use restraints under sub. (2).

AB68-SSA1,1544,25 (4) If the court orders an individual under 18 years of age to be restrained under sub. (2), the restraints shall allow the individual limited movement of the hands to read and handle documents and writings necessary to the hearing.

AB68-SSA1,1545,2 (5) No individual under 18 years of age may be restrained during a court proceeding using fixed restraints attached to a wall, floor, or furniture.

AB68-SSA1,3420 Section 3420. 968.14 (title) of the statutes is amended to read:

AB68-SSA1,1545,4 968.14 (title) Use Announcement requirement and use of force.

AB68-SSA1,3421 Section 3421. 968.14 of the statutes is renumbered 968.14 (2).

AB68-SSA1,3422 Section 3422. 968.14 (1) of the statutes is created to read:

AB68-SSA1,1545,9 968.14 (1) When executing a search warrant, a law enforcement officer may not enter the premises subject to the warrant without first identifying that he or she is a law enforcement officer and announcing the authority and purpose of the entry.

AB68-SSA1,3423 Section 3423 . 968.20 (3) (b) of the statutes is amended to read:

AB68-SSA1,1546,9 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.