938.245 Deferred prosecution.

293 words·~1 min read·/wi/chapter-938/938-245-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)When available. An intake worker may enter into a written deferred prosecution agreement with all parties as provided in this section if all of the following apply:

(a)The intake worker has determined that neither the interests of the juvenile nor of the public require filing of a petition for circumstances relating to s. 938.12 , 938.125 , 938.13 , or 938.14 .

(b)The facts persuade the intake worker that the jurisdiction of the court, if sought, would exist.

(c)The juvenile, parent, guardian and legal custodian consent.

(1m)Victims; right to confer with intake worker. If a juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13

(12), an intake worker shall, as soon as practicable but before entering into a deferred prosecution agreement under sub.

(1), offer all of the victims of the juvenile’s alleged act who have so requested an opportunity to confer with the intake worker concerning the proposed deferred prosecution agreement. The duty to offer an opportunity to confer under this subsection does not limit the obligation of the intake worker to perform his or her responsibilities under this section.

(2)Contents of agreement.

(a)Specific conditions. A deferred prosecution agreement may provide for any one or more of the following:

1. ‘Counseling.’ That the juvenile and the juvenile’s parent, guardian or legal custodian participate in individual, family or group counseling and that the parent, guardian or legal custodian participate in parenting skills training.

2. ‘Compliance with obligations.’ That the juvenile and a parent, guardian, or legal custodian abide by such obligations, including supervision, curfews, and school attendance requirements, as will tend to ensure the juvenile’s rehabilitation, protection, or care.