AB1036,37,18 938.245 (6) (b) If a juvenile qualifies for a deferred prosecution agreement under sub. (1g), the district attorney may not file a delinquency petition against the juvenile unless one of the following applies:

AB1036,37,22 1. The juvenile or his or her parent, guardian, or legal custodian fails to respond to the intake worker's preliminary inquiry under s. 938.24 (2) (ag) regarding eligibility for a deferred prosecution agreement under sub. (1g) or an offer of a deferred prosecution agreement under sub. (1g).

AB1036,37,24 2. The juvenile or his or her parent, guardian, or legal custodian does not consent to the deferred prosecution agreement under sub. (1g).

AB1036,38,4 3. The juvenile fails to substantially comply with the conditions in the deferred prosecution agreement. Failure to pay a fine or fee may not serve as a basis for filing a petition under this paragraph if the juvenile has substantially complied with the other conditions in the deferred prosecution agreement.

AB1036,38,5 4. The intake worker refers the case to the district attorney under sub. (1g) (c).

AB1036,92 Section 92 . 938.255 (1) (intro.) of the statutes is amended to read:

AB1036,38,13 938.255 (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:

AB1036,93 Section 93. 938.31 (3) (a) 1. of the statutes is amended to read:

AB1036,38,23 938.31 (3) (a) 1. “Custodial interrogation" has the meaning given in s. 968.073 (1) (a) means an interrogation by a law enforcement officer or an agent of a law enforcement agency of a juvenile who is suspected to have violated any state or federal criminal law from the time the juvenile is or should be informed of his or her rights to counsel and to remain silent until the questioning ends, during which the officer or agent asks a question that is reasonably likely to elicit an incriminating response and during which a reasonable juvenile of a similar age would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way.

AB1036,94 Section 94. 938.31 (3) (b) of the statutes is amended to read:

AB1036,39,5 938.31 (3) (b) Except as provided under par. (c), a statement made by the juvenile during a custodial interrogation is not admissible in evidence against the juvenile in any court proceeding alleging the juvenile to be delinquent unless the requirements of s. 938.195 have been met and an audio or audio and visual recording of the interrogation was made as required under s. 938.195 (2) and is available.

AB1036,95 Section 95. 938.31 (3) (c) (intro.) of the statutes is amended to read:

AB1036,39,9 938.31 (3) (c) (intro.) A juvenile's statement is not inadmissible in evidence under par. (b) if any of the following applies or if other good cause exists for not suppressing a juvenile's statement under par. (b):

AB1036,96 Section 96. 938.31 (3) (c) 1. of the statutes is repealed.

AB1036,97 Section 97. 938.31 (3) (c) 2. of the statutes is repealed.

AB1036,98 Section 98. 938.31 (3) (c) 3. of the statutes is repealed.

AB1036,99 Section 99. 938.31 (3) (c) 5. of the statutes is amended to read:

AB1036,39,16 938.31 (3) (c) 5. Exigent public safety circumstances existed that prevented notification under s. 938.195 (1m) or prevented the making of an audio or audio and visual recording or rendered the making of such a recording infeasible.

AB1036,100 Section 100. 938.32 (1x) of the statutes is amended to read:

AB1036,39,24 938.32 (1x) Supervised work program. If the petition alleges that the juvenile violated s. 943.017 and the juvenile has attained 10 13 years of age, the court may require, as a condition of the consent decree, 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 a total of 40 under the consent decree.

AB1036,101 Section 101. 938.34 (4h) (a) of the statutes is amended to read:

AB1036,40,7 938.34 (4h) (a) The juvenile is 14 16 years of age or over and has been adjudicated delinquent for committing or conspiring to commit a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 13 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB1036,102 Section 102 . 938.34 (8) of the statutes is amended to read:

AB1036,41,6 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age juveniles, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB1036,103 Section 103 . 938.343 (2) of the statutes is amended to read:

AB1036,41,24 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age juveniles, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB1036,104 Section 104 . 938.344 (3) of the statutes is amended to read:

AB1036,42,8 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB1036,105 Section 105 . 938.35 (1m) of the statutes is amended to read: