SB111,1736,4 4. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the person has taken action to hide how many marijuana plants that have reached the flowering stage are being cultivated, and if any of the following applies:

SB111,1736,8 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person's region.

SB111,1736,11 b. The person has in place a method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person's region.

SB111,1736,13 c. The person has rigged a system so that any individual approaching the area that contains marijuana plants may be injured or killed by the system.

SB111,1736,15 (e) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

SB111,1736,17 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is guilty of a Class A misdemeanor.

SB111,3405 Section 3405 . 967.055 (1m) (b) 5. of the statutes is repealed.

SB111,3406 Section 3406 . 967.056 of the statutes is created to read:

SB111,1736,23 967.056 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:

SB111,1736,24 (a) The accused or charged violation is the person's first violation of s. 947.01.

SB111,1737,2 (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.

SB111,1737,5 (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.

SB111,1737,7 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

SB111,1737,8 (a) A deferred prosecution agreement that includes restitution, if applicable.

SB111,1737,10 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.

SB111,3407 Section 3407 . 967.11 (1) of the statutes is amended to read:

SB111,1737,14 967.11 (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).

SB111,3408 Section 3408 . 967.11 (2) of the statutes is amended to read:

SB111,1737,21 967.11 (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.

SB111,3409 Section 3409 . 967.13 of the statutes is created to read:

SB111,1738,3 967.13 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.

SB111,1738,6 (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:

SB111,1738,7 (a) That the use of restraints is necessary due to one of the following factors:

SB111,1738,9 1. Instruments of restraint are necessary to prevent physical harm to the individual or another person.

SB111,1738,13 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.

SB111,1738,15 3. There is a reasonable belief that the individual presents a substantial risk of flight from the courtroom.

SB111,1738,18 (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.

SB111,1738,22 (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).

SB111,1738,25 (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.