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4938.3417 Delinquency adjudication; undesignated felony. (1) If a
5juvenile is adjudicated delinquent for an act that would be punishable as a Class I
6felony if committed by an adult, the court may enter the act in the adjudication as
7an act that would be an undesignated felony if committed by an adult if the court
8determines that the act was not a violent act and did not involve a weapon; the
9juvenile has not previously been adjudicated delinquent for an act that would be a
10felony if committed by an adult and has not been adjudicated delinquent for an act
11designated under this section as an act that would be punishable as a Class A
12misdemeanor if committed by an adult; the best interests of the community will be
1served and the public will not be harmed; and the consequences arising from a
2delinquency adjudication for an act that would be punishable as a Class I felony if
3committed by an adult would be unduly harsh given the nature and circumstances
4of the act and the history and character of the juvenile. If the court enters the act
5in the adjudication as an act that would be an undesignated felony if committed by
6an adult, the act shall be entered as an act that would be a U felony if committed by
7an adult and, in entering the dispositional order, the court shall consider the act as
8an act that would be punishable as a Class I felony if committed by an adult.
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9(2) One year after the dispositional order or any revision or extension of the
10order terminates, the juvenile may petition the court to order the act designated as
11an act that would be punishable as a Class I felony or a Class A misdemeanor if
12committed by an adult.
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13(3) If the juvenile was adjudicated delinquent or convicted of a crime since the
14disposition was ordered under sub. (1) or violated a condition of participation in
15community or other field supervision while under the dispositional order under sub.
16(1) or any extension or revision of that order, the court shall, upon receiving the
17petition under sub. (2), order that the act under sub. (1) be designated as an act that
18would be punishable as a Class I felony if committed by an adult. Otherwise, the
19court shall schedule a hearing to designate the act under sub. (1) as an act that would
20be punishable as a Class I felony or a Class A misdemeanor if committed by an adult.
21If the court schedules a hearing to designate the act and the court designates the act
22as an act that would be punishable as a Class A misdemeanor if committed by an
23adult, the juvenile shall be treated as if the original delinquency adjudication was
24for an act that would be punishable as a Class A misdemeanor if committed by an
25adult.
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1(4) After the dispositional order under sub. (1) and before the court designates
2the act, or if the juvenile does not file a petition under sub. (2), the juvenile shall be
3treated as if the act were an act that would be punishable as a Class I felony if
4committed by an adult.”.
