SB111,1659,2017
938.34
(4m) Correctional placement. (intro.) Place the juvenile under the
18supervision of the
department of corrections in a juvenile correctional facility or the 19county department in a secured residential care center for children and youth
20identified by the county department if all of the following apply:
SB111,3181
21Section 3181
. 938.34 (4m) (b) (intro.) of the statutes is amended to read:
SB111,1660,222
938.34
(4m) (b) (intro.) The juvenile has been found to be a danger to the public
23and to be in need of restrictive custodial treatment. If the court determines that any
24of the following conditions applies,
but that placement in the serious juvenile
25offender program under sub. (4h) is not appropriate, that determination shall be
1prima facie evidence that the juvenile is a danger to the public and in need of
2restrictive custodial treatment under this subsection:
SB111,3182
3Section 3182
. 938.34 (4m) (b) 2. of the statutes is amended to read:
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938.34
(4m) (b) 2. The juvenile has possessed, used or threatened to use a
5handgun, as defined in s.
175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
6defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
7while committing a delinquent act that would be a felony under ch. 940 if committed
8by an adult.
SB111,3183
9Section 3183
. 938.34 (4m) (c) of the statutes is created to read:
SB111,1660,1410
938.34
(4m) (c) For a placement under the supervision of the department of
11corrections, the placement is recommended in the report under s. 938.33. For a
12placement under the supervision of a county department, the specific residential
13care center for children and youth in which the juvenile is placed is identified by the
14county department.
SB111,1660,2117
938.34
(4n) Aftercare supervision. (intro.)
In the case of a juvenile who has
18received a
correctional placement under sub. (4m), designate one of the following to
19provide aftercare supervision for the juvenile following the juvenile's release from a
20secured residential care center for children and youth or
Type 1 juvenile correctional
21facility:
SB111,3185
22Section 3185
. 938.34 (4p) of the statutes is created to read:
SB111,1661,623
938.34
(4p) Extended juvenile disposition. In the case of a juvenile who has
24received a correctional placement under sub. (4m) and is subject to extended juvenile
25jurisdiction under s. 938.184, place the juvenile under the supervision of the
1department of corrections in an extended juvenile disposition upon termination of
2the order imposing the disposition under sub. (4m) if the court finds that a disposition
3under sub. (4m) is insufficient to protect public safety or for rehabilitation,
4considering the juvenile's risk, treatment needs, and age and the severity of the
5offense. A disposition under this subsection shall be stayed pending the outcome of
6the hearing under s. 938.369.
SB111,3186
7Section 3186
. 938.34 (8) of the statutes is amended to read:
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938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
9this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
10The maximum forfeiture that the court may impose under this subsection for a
11violation by a juvenile is the maximum amount of the fine that may be imposed on
12an adult for committing that violation or, if the violation is applicable only to
a person
13under 18 years of age juveniles, $100. The order shall include a finding that the
14juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months
15for payment. If the juvenile fails to pay the forfeiture, the court may vacate the
16forfeiture and order other alternatives under this section; or the court may suspend
17any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
18suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more
19than 2 years. If the court suspends any license under this subsection, the clerk of the
20court shall immediately take possession of the suspended license if issued under ch.
2129 or, if the license is issued under ch. 343, the court may take possession of, and if
22possession is taken, shall destroy, the license. The court shall forward to the
23department
which that issued the license a notice of suspension stating that the
24suspension is for failure to pay a forfeiture imposed by the court, together with any
25license issued under ch. 29 of which the court takes possession. If the forfeiture is
1paid during the period of suspension, the suspension shall be reduced to the time
2period
which that has already elapsed and the court shall immediately notify the
3department
, which shall then, if the license is issued under ch. 29, return the license
4to the juvenile. Any recovery under this subsection shall be reduced by the amount
5recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SB111,3187
6Section 3187
. 938.341 of the statutes is amended to read:
SB111,1662,10
7938.341 Delinquency adjudication; restriction on firearm possession. 8Whenever a court adjudicates a juvenile delinquent for an act that if committed by
9an adult in this state would be a felony
or for a violation under s. 175.33 (2), the court
10shall inform the juvenile of the requirements and penalties under s. 941.29.
SB111,3188
11Section 3188
. 938.343 (2) of the statutes is amended to read:
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938.343
(2) Forfeiture. Impose a forfeiture not to exceed the maximum
13forfeiture that may be imposed on an adult for committing that violation or, if the
14violation is only applicable to
a person under 18 years of age juveniles, $50. The
15order shall include a finding that the juvenile alone is financially able to pay and
16shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
17the court may suspend any license issued under ch. 29 or suspend the juvenile's
18operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
19shall immediately take possession of the suspended license if issued under ch. 29 or,
20if the license is issued under ch. 343, the court may take possession of, and if
21possession is taken, shall destroy, the license. The court shall forward to the
22department
which that issued the license the notice of suspension stating that the
23suspension is for failure to pay a forfeiture imposed by the court, together with any
24license issued under ch. 29 of which the court takes possession. If the forfeiture is
25paid during the period of suspension, the court shall immediately notify the
1department, which shall, if the license is issued under ch. 29, return the license to
2the person. Any recovery under this subsection shall be reduced by the amount
3recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SB111,3189
4Section 3189
. 938.344 (3) of the statutes is amended to read:
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938.344
(3) Prosecution in adult court. If the juvenile alleged to have
6committed the violation is within 3 months of
his or her 17th birthday becoming an
7adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
8at the request of the district attorney or on its own motion, dismiss the citation
9without prejudice and refer the matter to the district attorney for prosecution under
10s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
11This subsection does not apply to violations under s. 961.573 (2), 961.574 (2)
, or
12961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
SB111,3190
13Section 3190
. 938.35 (1m) of the statutes is amended to read:
SB111,1663,1914
938.35
(1m) Future criminal proceedings barred. Disposition by the court
15assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
16under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
17in criminal court when the juvenile
attains 17 years of age becomes an adult. This
18subsection does not affect proceedings in criminal court that have been transferred
19under s. 938.18.
SB111,3191
20Section 3191
. 938.355 (2) (b) 2. of the statutes is amended to read:
SB111,1664,521
938.355
(2) (b) 2. If the juvenile is placed outside the home under s. 938.34 (3)
22or (4d), the name of the place or facility, including transitional placements, where the
23juvenile shall be cared for or treated, except that if the placement is a foster home
24and the name and address of the foster parent is not available at the time of the order,
25the name and address of the foster parent shall be furnished to the court and the
1parent within 21 days after the order. If, after a hearing on the issue with due notice
2to the parent or guardian, the court finds that disclosure of the identity of the foster
3parent would result in imminent danger to the juvenile or the foster parent, the court
4may order the name and address of the prospective foster parents withheld from the
5parent or guardian.
SB111,3192
6Section 3192
. 938.355 (2) (b) 2m. of the statutes is amended to read:
SB111,1664,97
938.355
(2) (b) 2m. If the juvenile is placed outside the home under s. 938.34
8(4m)
under supervision of a county department, the name of the county department
9that will provide supervision and determine placement for the juvenile.
SB111,3193
10Section 3193
. 938.355 (2) (b) 6. of the statutes is amended to read:
SB111,1665,711
938.355
(2) (b) 6. If the juvenile is placed outside the home, a finding that
12continued placement of the juvenile in his or her home would be contrary to the
13welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is
14placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d)
or (4d), a finding that
15the juvenile's current residence will not safeguard the welfare of the juvenile or the
16community due to the serious nature of the act for which the juvenile was adjudicated
17delinquent. The court order shall also contain a finding as to whether the county
18department or the agency primarily responsible for providing services under a court
19order has made reasonable efforts to prevent the removal of the juvenile from the
20home, while assuring that the juvenile's health and safety are the paramount
21concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1.
22to 4. applies, and, if a permanency plan has previously been prepared for the juvenile,
23a finding as to whether the county department or agency has made reasonable efforts
24to achieve the permanency goal of the juvenile's permanency plan, including, if
25appropriate, through an out-of-state placement. The court shall make the findings
1specified in this subdivision on a case-by-case basis based on circumstances specific
2to the juvenile and shall document or reference the specific information on which
3those findings are based in the court order. A court order that merely references this
4subdivision without documenting or referencing that specific information in the
5court order or an amended court order that retroactively corrects an earlier court
6order that does not comply with this subdivision is not sufficient to comply with this
7subdivision.
SB111,3194
8Section 3194
. 938.355 (2) (b) 6d. of the statutes is created to read: