SB674, s. 8 19Section 8. 938.02 (10m) of the statutes, as affected by 2009 Wisconsin Act 94,
20is amended to read:
SB674,3,2521 938.02 (10m) "Juvenile", when used without further qualification, means a
22person who is less than 18 years of age, except that for purposes of investigating or
23prosecuting a person who is alleged to have violated a state or federal criminal law
24or any civil law or municipal ordinance, "juvenile" does not include a person who has
25attained 17 years of age.
SB674, s. 9
1Section 9. 938.06 (5) (a) 1. of the statutes is amended to read:
SB674,4,52 938.06 (5) (a) 1. Use placement in a juvenile detention facility or juvenile
3portion of the county jail as a disposition under s. 938.34 (3) (f) , as a sanction under
4s. 938.355 (6m) (a) 1g.,
or as a place of short-term detention under s. 938.355 (6d) (a)
51. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2.
SB674, s. 10 6Section 10. 938.06 (5) (b) of the statutes is amended to read:
SB674,4,107 938.06 (5) (b) The use by the court of a disposition under s. 938.34 (3) (f) or (6)
8(am), a sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s.
9938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any
10resolution adopted under par. (a).
SB674, s. 11 11Section 11. 938.17 (2) (h) 1. of the statutes is amended to read:
SB674,5,212 938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other
13than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or
14her dispositional order, the municipal court may impose on the juvenile any of the
15sanctions specified in s. 938.355 (6) (d) 2. to 5. that are authorized under par. (cm)
16except for monitoring by an electronic monitoring system. The municipal court may
17also petition the court assigned to exercise jurisdiction under this chapter and ch. 48
18to impose on the juvenile the sanction of placement in a place of nonsecure custody
19as
specified in s. 938.355 (6) (d) 1. or of home detention with monitoring by an
20electronic monitoring system as specified in s. 938.355 (6) (d) 3., if authorized under
21par. (cm). A sanction may be imposed under this subdivision only if at the time of
22judgment the court explained the conditions to the juvenile and informed the
23juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under
24par. (cm) for a violation or if before the violation the juvenile has acknowledged in
25writing that he or she has read, or has had read to him or her, those conditions and

1possible sanctions and that he or she understands those conditions and possible
2sanctions.
SB674, s. 12 3Section 12. 938.17 (2) (h) 4. of the statutes is amended to read:
SB674,5,104 938.17 (2) (h) 4. If the court assigned to exercise jurisdiction under this chapter
5and ch. 48 imposes the sanction of placement in a place of nonsecure custody as
6specified in s. 938.355 (6) (d) 1. or of home detention with monitoring by an electronic
7monitoring system as specified in s. 938.355 (6) (d) 3., on a petition described in subd.
81., that court shall order the municipality of the municipal court that filed the
9petition to pay to the county the cost of providing the that sanction imposed under
10s. 938.355 (6) (d) 1. or 3
.
SB674, s. 13 11Section 13. 938.17 (2) (i) 4m. of the statutes is amended to read:
SB674,5,1612 938.17 (2) (i) 4m. If the court assigned to exercise jurisdiction under this
13chapter and ch. 48 imposes the sanction specified in s. 938.355 (6m) (a) 1g., on a
14petition described in subd. 2m., that court shall order the municipality of the
15municipal court that filed the petition to pay to the county the cost of providing the
16that sanction imposed under s. 938.355 (6m) (a) 1g.
SB674, s. 14 17Section 14. 938.255 (1) (intro.) of the statutes is amended to read:
SB674,5,2418 938.255 (1) Title and contents. (intro.) A petition initiating proceedings
19under this chapter, other than a petition initiating proceedings under s. 938.12,
20938.125,
or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a
21person under the age of 18". A petition initiating proceedings under s. 938.12,
22938.125,
or 938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person
23under the age of 17". A petition initiating proceedings under this chapter shall
24specify all of the following:
SB674, s. 15 25Section 15. 938.344 (3) of the statutes is amended to read:
SB674,6,8
1938.344 (3) Prosecution in adult court. If the juvenile alleged to have
2committed the violation is within 3 months of his or her 17th 18th birthday, the court
3assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request
4of the district attorney or on its own motion, dismiss the citation without prejudice
5and refer the matter to the district attorney for prosecution under s. 125.07 (4). The
6juvenile is entitled to a hearing only on the issue of his or her age. This subsection
7does not apply to violations under s. 961.573 (2), 961.574 (2) or 961.575 (2) or a local
8ordinance that strictly conforms to one of those statutes.
SB674, s. 16 9Section 16. 938.355 (6) (a) 1. of the statutes is amended to read:
SB674,6,1810 938.355 (6) (a) 1. If a juvenile who has been adjudged delinquent or to have
11violated a civil law or ordinance, other than an ordinance enacted under s. 118.163
12(1m) or (2),
violates a condition specified in sub. (2) (b) 7., the court may impose on
13the juvenile any of the sanctions specified in par. (d). A sanction may be imposed
14under this subdivision only if, at the dispositional hearing under s. 938.335, the court
15explained the conditions to the juvenile and informed the juvenile of those possible
16sanctions or if before the violation the juvenile has acknowledged in writing that he
17or she has read, or has had read to him or her, those conditions and possible sanctions
18and that he or she understands those conditions and possible sanctions.
SB674, s. 17 19Section 17. 938.355 (6) (a) 2. of the statutes is amended to read:
SB674,7,520 938.355 (6) (a) 2. If a juvenile who has been found to be in need of protection
21or services under s. 938.13 (4), (6m), (7), (12), or (14) or who has been adjudged to have
22violated a civil law or ordinance, other than an ordinance enacted under s. 118.163
23(1m) or (2),
violates a condition specified in sub. (2) (b) 7., the court may impose on
24the juvenile any of the sanctions under par. (d), other than placement in a juvenile
25detention facility or juvenile portion of a county jail. A sanction may be imposed

1under this subdivision only if, at the dispositional hearing under s. 938.335, the court
2explained the conditions to the juvenile and informed the juvenile of those possible
3sanctions or if before the violation the juvenile has acknowledged in writing that he
4or she has read, or has had read to him or her, those conditions and possible sanctions
5and that he or she understands those conditions and possible sanctions.
SB674, s. 18 6Section 18. 938.355 (6) (an) 1. of the statutes, as affected by 2009 Wisconsin
7Act 94
, is amended to read:
SB674,7,238 938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other
9than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a
10dispositional order imposed by the municipal court, the municipal court may petition
11the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose
12on the juvenile the sanction under of placement in a place of nonsecure custody as
13specified in
par. (d) 1. or the sanction under par. (d) 3., of home detention with
14monitoring by an electronic monitoring system as specified in par. (d) 3. A sanction
15may be imposed under this subdivision only if, at the time of the judgment, the
16municipal court explained the conditions to the juvenile and informed the juvenile
17of those possible sanctions for a violation or if before the violation the juvenile has
18acknowledged in writing that he or she has read, or has had read to him or her, those
19conditions and possible sanctions and that he or she understands those conditions
20and possible sanctions. The petition shall contain a statement of whether the
21juvenile may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963,
22and, if the juvenile may be subject to that act, the names and addresses of the
23juvenile's Indian custodian, if any, and tribe, if known.
SB674, s. 19 24Section 19. 938.355 (6) (an) 2. of the statutes is amended to read:
SB674,8,7
1938.355 (6) (an) 2. If the court assigned to exercise jurisdiction under this
2chapter and ch. 48 imposes the sanction under of placement in a place of nonsecure
3custody as specified in
par. (d) 1. or of home detention with monitoring by an
4electronic monitoring system under as specified in par. (d) 3., on a petition described
5in subd. 1., the court shall order the municipality of the municipal court that filed the
6petition to pay to the county the cost of providing the that sanction imposed under
7par. (d) 1. or 3
.
SB674, s. 20 8Section 20. 938.355 (6) (d) 1. of the statutes, as affected by 2009 Wisconsin Act
9180
, is amended to read:
SB674,8,2210 938.355 (6) (d) 1. Placement of the juvenile in a juvenile detention facility or
11juvenile portion of a county jail that meets the standards promulgated by the
12department by rule or in a place of nonsecure custody, for not more than 10 days and
13the provision of educational services consistent with his or her current course of
14study during the period of placement. The juvenile shall be given credit against the
15period of detention or nonsecure custody imposed under this subdivision for all time
16spent in secure detention or nonsecure custody in connection with the course of
17conduct for which the detention or nonsecure custody was imposed. If the court
18orders placement of the juvenile in a place of nonsecure custody under the
19supervision of the county department, the court shall order the juvenile into the
20placement and care responsibility of the county department as required under 42
21USC 672
(a) (2) and shall assign the county department primary responsibility for
22providing services to the juvenile.
SB674, s. 21 23Section 21. 938.355 (6m) (a) 1g. of the statutes, as affected by 2009 Wisconsin
24Act 180
, is amended to read:
SB674,9,16
1938.355 (6m) (a) 1g. Placement of the juvenile in a juvenile detention facility
2or juvenile portion of a county jail that meets the standards promulgated by the
3department by rule or
in a place of nonsecure custody, for not more than 10 days and
4the provision of educational services consistent with his or her current course of
5study during the period of placement. The juvenile shall be given credit against the
6period of detention or nonsecure custody imposed under this subdivision for all time
7spent in secure detention nonsecure custody in connection with the course of conduct
8for which the detention or nonsecure custody was imposed. The use of placement in
9a juvenile detention facility or in a juvenile portion of a county jail as a sanction under
10this subdivision is subject to the adoption of a resolution by the county board of
11supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction.

12If the court orders placement of the juvenile in a place of nonsecure custody under
13the supervision of the county department, the court shall order the juvenile into the
14placement and care responsibility of the county department as required under 42
15USC 672
(a) (2) and shall assign the county department primary responsibility for
16providing services to the juvenile.
SB674, s. 22 17Section 22. 990.01 (3) of the statutes is amended to read:
SB674,9,2118 990.01 (3) Adult. "Adult" means a person who has attained the age of 18 years,
19except that for purposes of investigating or prosecuting a person who is alleged to
20have violated any state or federal criminal law or any civil law or municipal
21ordinance
, "adult" means a person who has attained the age of 17 years.
SB674, s. 23 22Section 23. 990.01 (20) of the statutes is amended to read:
SB674,9,2423 990.01 (20) Minor. "Minor" means a person who has not attained the age of
2418 years, except that for purposes of investigating or prosecuting a person who is

1alleged to have violated a state or federal criminal law or any civil law or municipal
2ordinance
, "minor" does not include a person who has attained the age of 17 years.
SB674, s. 24 3Section 24. Initial applicability.
SB674,10,64 (1) Civil law, ordinance, or dispositional order violations. This act first
5applies to a civil law or municipal ordinance violation or a violation of a dispositional
6order committed on the effective date of this subsection.
SB674,10,77 (End)
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