938.24 Note NOTE: The above annotations cite to s. 48.24, the predecessor statute to s. 938.24.

938.24 Annotation When a district attorney receives notice of a deferred prosecution agreement from an intake worker under sub. (5), the 20 days during which the district attorney may terminate the agreement under s. 938.245 (6) begins. When a court orders a deferred prosecution agreement under s. 938.21 (7), the intake worker need not notify the district attorney and nothing triggers a district attorney’s authority to terminate the agreement under s. 938.245 (6). An order under s. 938.21 (7) dismissing a petition and referring for deferred prosecution does not require district attorney consent. The district attorney may not override the order by filing a new petition with the same charges and facts. State v. Lindsey A.F., 2002 WI App 223, 257 Wis. 2d 650, 653 N.W.2d 116, 01-0081.

938.24 Annotation Affirmed. 2003 WI 63, 262 Wis. 2d 200, 663 N.W.2d 757, 01-0081.

938.243 938.243 Basic rights: duty of intake worker.

938.243(1) (1) Information to juvenile and parents; basic rights. Before conferring with the parent or juvenile during the intake inquiry, the intake worker shall personally inform a juvenile alleged to have committed a delinquent act, a juvenile 10 years of age or older who is the focus of an inquiry regarding the need for protection or services under s. 938.13 (4), (6), (6m), or (7), and the parents of those juveniles of all of the following:

938.243(1)(ag) (ag) That the referral may result in a petition to the court.

938.243(1)(am) (am) What allegations may be in the petition to the court.

938.243(1)(b) (b) The nature and possible consequences of the proceedings including the provisions of ss. 938.17 and 938.18 if applicable.

938.243(1)(c) (c) The right to remain silent, the fact that in a delinquency proceeding the silence of the juvenile is not to be adversely considered by the court, and the fact that in a nondelinquency proceeding the silence of any party may be relevant in the proceeding.

938.243(1)(d) (d) The right to confront and cross-examine those appearing against them.

938.243(1)(e) (e) The right to counsel under s. 938.23.

938.243(1)(f) (f) The right to present and subpoena witnesses.

938.243(1)(h) (h) The right to have the allegations of the petition proved by clear and convincing evidence unless the juvenile is within the court’s jurisdiction under s. 938.12 or 938.13 (12), in which case the standard of proof is beyond a reasonable doubt.

938.243(1m) (1m) Disclosure of information for use in civil damages action. If the juvenile who is the subject of the intake inquiry is alleged to have committed an act that resulted in personal injury or damage to or loss of the property of another, the intake worker shall inform the juvenile’s parents in writing of all of the following:

938.243(1m)(a) (a) The possibility of disclosure of the identity of the juvenile and the parents, of the juvenile’s police records, and of the outcome of proceedings against the juvenile for use in civil actions for damages against the juvenile or the parents.

938.243(1m)(b) (b) The parents’ liability for acts of their juveniles.

938.243(3) (3) Information when juvenile not at intake conference or has not had custody hearing. If the juvenile has not had a hearing under s. 938.21 and was not present at an intake conference under s. 938.24, the intake worker shall notify the juvenile, parent, guardian, and legal custodian as appropriate of their basic rights under this section. The notice shall be given verbally, either in person or by telephone, and in writing. The notice shall be given in sufficient time to allow the juvenile, parent, guardian, or legal custodian to prepare for the plea hearing. This subsection does not apply to cases of deferred prosecution under s. 938.245.

938.243(4) (4) Applicability. This section does not apply if the juvenile was present at a hearing under s. 938.21.

938.243 History History: 1995 a. 77; 1997 a. 35; 2005 a. 344; 2009 a. 94.

938.245 938.245 Deferred prosecution.

938.245(1) (1) When available. An intake worker may enter into a written deferred prosecution agreement with all parties as provided in this section if all of the following apply:

938.245(1)(a) (a) The intake worker has determined that neither the interests of the juvenile nor of the public require filing of a petition for circumstances relating to s. 938.12, 938.125, 938.13, or 938.14.

938.245(1)(b) (b) The facts persuade the intake worker that the jurisdiction of the court, if sought, would exist.

938.245(1)(c) (c) The juvenile, parent, guardian and legal custodian consent.

938.245(1m) (1m) Victims; right to confer with intake worker. If a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), an intake worker shall, as soon as practicable but before entering into a deferred prosecution agreement under sub. (1), offer all of the victims of the juvenile’s alleged act who have so requested an opportunity to confer with the intake worker concerning the proposed deferred prosecution agreement. The duty to offer an opportunity to confer under this subsection does not limit the obligation of the intake worker to perform his or her responsibilities under this section.

938.245(2) (2) Contents of agreement.

938.245(2)(a) (a) Specific conditions. A deferred prosecution agreement may provide for any one or more of the following:

938.245(2)(a)1. 1. ‘Counseling.’ That the juvenile and the juvenile’s parent, guardian or legal custodian participate in individual, family or group counseling and that the parent, guardian or legal custodian participate in parenting skills training.

938.245(2)(a)2. 2. ‘Compliance with obligations.’ That the juvenile and a parent, guardian, or legal custodian abide by such obligations, including supervision, curfews, and school attendance requirements, as will tend to ensure the juvenile’s rehabilitation, protection, or care.