LRB-2566/1
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1997 - 1998 LEGISLATURE
June 10, 1997 - Introduced by Senator Breske, cosponsored by Representatives
Ryba, Sykora and Grothman. Referred to Committee on Judiciary, Campaign
Finance Reform and Consumer Affairs.
SB239,1,3
1An Act to amend 48.21 (3) (d), 48.243 (1) (b), 938.21 (2) (c), 938.21 (3) (d) and
2938.243 (1) (b) of the statutes;
relating to: advising juveniles and parents of
3the possible consequences of a juvenile court proceeding.
Analysis by the Legislative Reference Bureau
Under current law, information indicating that a juvenile should be referred to
the court assigned to exercise jurisdiction under the juvenile justice code (juvenile
court) as delinquent, in need of protection or services or in violation of a civil law or
municipal ordinance must be referred to the juvenile court intake worker, who must
conduct an intake inquiry to determine whether the available facts establish prima
facia jurisdiction and to determine the best interests of the juvenile and the public
with regard to any action to be taken. Before conferring with a parent, guardian,
legal custodian or juvenile during the intake inquiry, the intake worker must inform
a juvenile alleged to have committed a delinquent act and a parent, guardian or legal
custodian, and juvenile, who are the focus of an inquiry regarding the need for
protection or services of the nature and possible consequences of the proceeding,
which consequences include the various dispositions that may be imposed on a
juvenile who is adjudged delinquent or found to be in need of protection or services.
Currently, however, if the juvenile was present at a custody hearing, the intake
worker need not provide that information at the intake inquiry. Instead, prior to the
commencement of the custody hearing, the judge or juvenile court commissioner
must inform the juvenile and his or her parent, guardian or legal custodian of the
nature and possible consequences of the custody hearing as compared to possible
future hearings. Also, under current law, at or before the commencement of a plea
hearing, the judge or juvenile court commissioner must again inform the juvenile
and his or her parent, guardian or legal custodian of the nature and possible
consequences of the proceeding.
This bill requires a judge or juvenile court commissioner at a custody hearing
or a plea hearing and an intake worker at an intake inquiry, when informing the
juvenile and his or her parent, guardian or legal custodian of the possible
consequences of the proceeding, to inform the juvenile and the parent, guardian or
legal custodian only of the dispositions which may be applicable and which are
available in the county of the juvenile 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:
SB239, s. 1
1Section
1. 48.21 (3) (d) of the statutes is amended to read:
SB239,2,72
48.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
3or legal custodian shall be informed by the court of the allegations that have been
4made or may be made, the nature and possible consequences of this hearing as
5compared to possible future hearings
, including any dispositions under s. 48.345
6which may be applicable and which are available in the county of the court, the right
7to confront and cross-examine witnesses and the right to present witnesses.
SB239, s. 2
8Section
2. 48.243 (1) (b) of the statutes is amended to read:
SB239,2,119
48.243
(1) (b) The nature and possible consequences of the proceedings
,
10including any dispositions under s. 48.345 which may be applicable and which are
11available in the county of the court;
SB239, s. 3
12Section
3. 938.21 (2) (c) of the statutes is amended to read:
SB239,3,713
938.21
(2) (c) Prior to the commencement of the hearing, the juvenile shall be
14informed by the judge or juvenile court commissioner of the allegations that have
15been or may be made, the nature and possible consequences of this hearing as
1compared to possible future hearings
, including any dispositions under s. 938.34 or
2938.345 which may be applicable and which are available in the county of the court,
3the provisions of s. 938.18 if applicable, the right to counsel under s. 938.23
4regardless of ability to pay if the juvenile is not yet represented by counsel, the right
5to remain silent, the fact that the silence may not be adversely considered by the
6judge or juvenile court commissioner, the right to confront and cross-examine
7witnesses and the right to present witnesses.
SB239, s. 4
8Section
4. 938.21 (3) (d) of the statutes is amended to read:
SB239,3,149
938.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
10or legal custodian shall be informed by the court of the allegations that have been
11made or may be made, the nature and possible consequences of this hearing as
12compared to possible future hearings
, including any dispositions under s. 938.34,
13938.342 or 938.345 which may be applicable and which are available to the court, the
14right to confront and cross-examine witnesses and the right to present witnesses.
SB239, s. 5
15Section
5. 938.243 (1) (b) of the statutes is amended to read:
SB239,3,1916
938.243
(1) (b) The nature and possible consequences of the proceedings
, 17including the provisions of ss. 938.17 and 938.18
, if applicable
, and any dispositions
18under s. 938.34, 938.342 or 938.345 which may be applicable and which are available
19in the county of the court.
SB239,3,2221
(1) This act first applies to intake inquiries, custody hearings and plea hearings
22held on the effective date of this subsection.
