2. The juvenile or his or her parent, guardian, or legal custodian does not consent to the DPA.

3. The juvenile fails to substantially comply with the conditions in the DPA.

4. The intake worker refers the case to the district attorney under the exception based on the results of the juvenile classification system or the type of alleged act.

Multisystemic therapy

Under current law, if a juvenile is adjudicated delinquent, the juvenile court must enter an order deciding one or more of the dispositions of the case under a care and treatment plan. The bill requires DCF to contract for or provide multisystemic therapy (MST) for a juvenile for whom that treatment is ordered under a disposition of the case. Under the bill, MST is an intensive and ongoing family-based and community-based treatment that addresses multiple factors that lead to antisocial behavior in juveniles and that is delivered in a juvenile's home, school, or community. The bill also requires DCF to promulgate rules governing MST and the licensing, training, and qualification requirements for a person who provides it.

Responses to school-based behavior

The bill prohibits a school district employee and school resource officer from referring to a law enforcement agency a minor pupil who is alleged to have committed a school-related offense. Under the bill, a school-related offense is habitual truancy or any of the following committed by a minor pupil on the property of the public school in which the minor pupil is enrolled during a school day or during a school-sponsored activity:

1. An offense that would be a misdemeanor, other than a violent misdemeanor, if committed by an adult.

2. A violation of a civil law punishable by forfeiture.

3. A violation of a county, town, or other municipal ordinance.

4. A status offense, meaning a violation of the law that would not be a violation if committed by an adult.

Instead, under the bill, such a minor pupil may be referred to either a restorative justice program or an evidence-based intervention developed or adopted by the school district or county. If the minor pupil refuses to participate in one of those alternatives, a school district employee may refer the minor pupil to the juvenile court. The bill authorizes a minor pupil to be referred to an alternative intervention instead of to the juvenile court if an alleged violation does not qualify as a school-related offense in certain circumstances.

Juvenile diversion services grant program

The bill creates a grant program for juvenile diversion services under which DCF may provide grants of up to $2,000,000 in each fiscal year to counties or Indian tribes to enable them to establish and operate evidence-based programs that provide services to juveniles as a method of diverting them from coming under the jurisdiction of the court.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1036,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB1036,2 Section 2. 20.437 (1) (be) of the statutes is created to read:

AB1036,9,5 20.437 (1) (be) Juvenile diversion services grants. The amounts in the schedule for grants under s. 938.545.

AB1036,3 Section 3 . 20.437 (1) (cL) of the statutes is created to read:

AB1036,9,8 20.437 (1) (cL) Seventeen-year-old juvenile justice aids. A sum sufficient for the purposes under s. 48.5275.

AB1036,4 Section 4 . 48.02 (1d) of the statutes is amended to read:

AB1036,9,13 48.02 (1d) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “ adult" means a person who has attained 17 years of age.

AB1036,5 Section 5 . 48.02 (2) of the statutes is amended to read:

AB1036,9,19 48.02 (2) “Child," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child" does not include a person who has attained 17 years of age.

AB1036,6 Section 6. 48.355 (4) (b) 3. of the statutes is repealed.

AB1036,7 Section 7. 48.355 (4) (b) 4. of the statutes is amended to read: