AB130-SSA1,282,1915
1. The placement may be for any combination of single or consecutive days
16totalling not more than 30. The juvenile shall be given credit against the period of
17detention or nonsecure custody imposed under this paragraph for all time spent in
18secure detention in connection with the course of conduct for which the detention or
19nonsecure custody was imposed.
AB130-SSA1,282,2420
2. The order may provide that the juvenile may be released from the secure
21detention facility, juvenile portion of the jail or place of nonsecure custody during
22specified hours to attend school, to work at the juvenile's place of employment or to
23attend or participate in any activity which the court considers beneficial to the
24juvenile.
AB130-SSA1,283,4
13. The use of placement in a secure detention facility or in a juvenile portion
2of a county jail as a disposition under this paragraph is subject to the adoption of a
3resolution by the county board of supervisors under s. 938.06 (5) authorizing the use
4of those placements as a disposition.
AB130-SSA1,283,7
5(3g) Electronic monitoring. Monitoring by an electronic monitoring system
6for a juvenile subject to an order under sub. (2), (2r), (3) (a) to (e), (4h) or (4n) who is
7placed in the community.
AB130-SSA1,283,10
8(4) Transfer of legal custody. If it is shown that the rehabilitation or the
9treatment and care of the juvenile cannot be accomplished by means of voluntary
10consent of the parent or guardian, transfer legal custody to any of the following:
AB130-SSA1,283,1111
(a) A relative of the juvenile.
AB130-SSA1,283,1212
(b) A county department.
AB130-SSA1,283,1313
(c) A licensed child welfare agency.
AB130-SSA1,283,15
14(4h) Serious juvenile offender program. Place the juvenile in the serious
15juvenile offender program under s. 938.538, but only if all of the following apply:
AB130-SSA1,283,2116
(a) The juvenile is 14 years of age or over and has been adjudicated delinquent
17for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1),
18940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32
19(2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36 or the juvenile is 10 years of
20age or over and has been adjudicated delinquent for attempting or committing a
21violation of s. 940.01 or for committing a violation of 940.02 or 940.05.
AB130-SSA1,283,2422
(b) The judge finds that the only other disposition that would be appropriate
23for the juvenile would be placement of the juvenile in a secured correctional facility
24under sub. (4m).
AB130-SSA1,284,6
1(4m) Correctional placement. Place the juvenile in a secured correctional
2facility under the supervision of the department if the juvenile is 12 years of age or
3over or, if the juvenile is under 12 years of age, in a secured child caring institution
4under the supervision of the department, unless the department, after an
5examination under s. 938.50, determines that placement in a secured correctional
6facility is more appropriate, but only if all of the following apply:
AB130-SSA1,284,97
(a) The juvenile has been found to be delinquent for the commission of an act
8which if committed by an adult would be punishable by a sentence of 6 months or
9more.
AB130-SSA1,284,1510
(b) The juvenile has been found to be a danger to the public and to be in need
11of restrictive custodial treatment. If the judge determines that any of the following
12conditions applies, but that placement in the serious juvenile offender program
13under sub. (4h) would not be appropriate, that determination shall be prima facie
14evidence that the juvenile is a danger to the public and in need of restrictive custodial
15treatment under this subsection:
AB130-SSA1,284,1916
1. The juvenile has committed a delinquent act that would be a felony under
17s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20
18(3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02
19(1) or (2), 948.025 or 948.03 if committed by an adult.
AB130-SSA1,284,2320
2. The juvenile has possessed, used or threatened to use a handgun, as defined
21in s. 175.35 (1) (b), short-barreled rifle, as defined in s. 941.28 (1) (b), or
22short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent
23act that would be a felony under ch. 940 if committed by an adult.
AB130-SSA1,285,3
13. The juvenile has possessed or gone armed with a short-barreled rifle or a
2short-barreled shotgun in violation of s. 941.28 or has possessed or gone armed with
3a handgun in violation of s. 948.60.
AB130-SSA1,285,9
4(4n) Aftercare supervision. Subject to s. 938.532 (3) and to any arrangement
5between the department and a county department regarding the provision of
6aftercare supervision for juveniles who have been released from a secured
7correctional facility or a secured child caring institution, designate one of the
8following to provide aftercare supervision for the juvenile following the juvenile's
9release from the secured correctional facility or secured child caring institution:
AB130-SSA1,285,1010
(a) The department.
AB130-SSA1,285,1211
(b) The county department of the county of the court that placed the juvenile
12in the secured correctional facility or secured child caring institution.
AB130-SSA1,285,1313
(c) The county department of the juvenile's county of legal residence.
AB130-SSA1,285,23
14(5) Restitution. (a) Subject to par. (c), if the juvenile is found to have
15committed a delinquent act which has resulted in damage to the property of another,
16or actual physical injury to another excluding pain and suffering, order the juvenile
17to repair the damage to property or to make reasonable restitution for the damage
18or injury if the court, after taking into consideration the well-being and needs of the
19victim, considers it beneficial to the well-being and behavior of the juvenile. Any
20such order shall include a finding that the juvenile alone is financially able to pay
21and may allow up to the date of the expiration of the order for the payment. Objection
22by the juvenile to the amount of damages claimed shall entitle the juvenile to a
23hearing on the question of damages before the amount of restitution is ordered.
AB130-SSA1,286,224
(am) Subject to par. (c), order a juvenile who owes restitution under par. (a) and
25who is receiving income while placed in a secured correctional facility, residential
1treatment center or other out-of-home placement to contribute a stated percentage
2of that income towards that restitution.
AB130-SSA1,286,93
(b) In addition to any other employment or duties permitted under ch. 103 or
4any rule or order under ch. 103, a juvenile who is under 14 years of age who is
5participating in a restitution project provided by the county may, for the purpose of
6making restitution ordered by the court under this subsection, be employed or
7perform any duties under any circumstances in which a juvenile 14 or 15 years of age
8is permitted to be employed or perform duties under ch. 103 or any rule or order
9under ch. 103.
AB130-SSA1,286,1110
(c) Under this subsection, a court may not order a juvenile who is under 14 years
11of age to make more than $250 in restitution.
AB130-SSA1,286,16
12(5g) Supervised work program or other community service work. (a) Order
13the juvenile to participate in a supervised work program administered by the county
14department or a community agency approved by the court or other community
15service work administered by a public agency or nonprofit charitable organization
16approved by the court.
AB130-SSA1,286,2517
(am) The court shall set standards for the supervised work program within the
18budgetary limits established by the county board of supervisors. The supervised
19work program may provide the juvenile reasonable compensation reflecting a
20reasonable market value of the work performed or it may consist of uncompensated
21community service work. Community service work may be in lieu of restitution only
22if also agreed to by the county department, community agency, public agency or
23nonprofit charitable organization and by the person to whom the restitution is owed.
24The court may use any available resources, including any community service work
25program, in ordering the juvenile to perform community service work.
AB130-SSA1,287,8
1(b) The supervised work program or other community service work shall be of
2a constructive nature designed to promote the rehabilitation of the juvenile, shall be
3appropriate to the age level and physical ability of the juvenile and shall be combined
4with counseling from a member of the staff of the county department, community
5agency, public agency or nonprofit charitable organization or other qualified person.
6The supervised work program or other community service work may not conflict with
7the juvenile's regular attendance at school. Subject to par. (d), the amount of work
8required shall be reasonably related to the seriousness of the juvenile's offense.
AB130-SSA1,287,159
(c) In addition to any other employment or duties permitted under ch. 103 or
10any rule or order under ch. 103, a juvenile who is under 14 years of age who is
11participating in a supervised work program or other community service work may,
12for purposes of performing the supervised work or other community service work, be
13employed or perform any duties under any circumstances in which a juvenile 14 or
1415 years of age is permitted to be employed or perform duties under ch. 103 or any
15rule or order under ch. 103.
AB130-SSA1,287,1816
(d) Under this subsection, a juvenile who is under 14 years of age may not be
17required to perform more than 40 total hours of supervised work or other community
18service work, except as provided in subs. (13r) and (14t).
AB130-SSA1,287,22
19(5m) Community service work program. Order the juvenile to participate in
20a youth corps program, as defined in s. 106.40 (1) (dm) or another community service
21work program, if the sponsor of the program approves the juvenile's participation in
22the program.
AB130-SSA1,287,25
23(5r) Victim-offender mediation program. Order the juvenile to participate in
24a victim-offender mediation program if the victim of the juvenile's delinquent act
25agrees.
AB130-SSA1,288,3
1(6) Special treatment or care. (a) If the juvenile is in need of special treatment
2or care, as identified in an evaluation under s. 938.295 and the report under s. 938.33
3(1), order the juvenile's parent to provide the special treatment or care.
AB130-SSA1,288,84
(am) An order of special treatment or care under this subsection may include
5an order committing the juvenile to a county department under s. 51.42 or 51.437 for
6special treatment or care in an inpatient facility, as defined in s. 51.01 (10), if the
7evaluation under s. 938.295 and the report under s. 938.33 (1) indicate all of the
8following:
AB130-SSA1,288,99
1. That the juvenile has an alcohol or other drug abuse impairment.
AB130-SSA1,288,1110
2. That the juvenile is a proper subject for treatment and is in need of inpatient
11treatment because appropriate treatment is not available on an outpatient basis.
AB130-SSA1,288,1212
(ap) An order under par. (am) is subject to all of the following:
AB130-SSA1,288,1313
1. The commitment may total not more than 30 days.
AB130-SSA1,288,1614
2. The use of commitment to a county department under s. 51.42 or 51.437 as
15a disposition under par. (am) is subject to the adoption of a resolution by the county
16board of supervisors under s. 938.06 (5) authorizing the use of that disposition.
AB130-SSA1,288,2517
(ar) If the parent fails or is financially unable to provide the special treatment
18or care ordered under par. (a) or (am), the court may order an appropriate agency to
19provide the special treatment or care whether or not legal custody has been taken
20from the parents. If the court orders a county department under s. 51.42 or 51.437
21to provide special treatment or care under par. (a) or (am), the provision of that
22special treatment or care shall be subject to conditions specified in ch. 51, except that
23an order under par. (am) may not be extended. An order of special treatment or care
24under this subsection may not include an order for the administration of
25psychotropic medication.
AB130-SSA1,289,2
1(b) Payment for alcohol and other drug abuse services ordered under par. (a)
2shall be in accordance with s. 938.361.
AB130-SSA1,289,53
(c) Payment for services provided under ch. 51 that are ordered under par. (a),
4other than alcohol and other drug abuse services, shall be in accordance with s.
5938.362.
AB130-SSA1,289,9
6(6m) Integrated service plan. If the report prepared under s. 938.33 (1)
7recommends that the juvenile is in need of an integrated service plan and if an
8integrated service program under s. 46.56 has been established in the county, order
9that an integrated service plan be developed and implemented.
AB130-SSA1,289,20
10(6r) A
lcohol or drug treatment or education. (a) If the report prepared
11under s. 938.33 (1) recommends that the juvenile is in need of treatment for the use
12or abuse of alcohol beverages or controlled substances and its medical, personal,
13family or social effects, the court may order the juvenile to enter an outpatient alcohol
14and other drug abuse treatment program at an approved treatment facility. The
15approved treatment facility shall, under the terms of a service agreement between
16the county and the approved treatment facility, or with the written informed consent
17of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12,
18report to the agency primarily responsible for providing services to the juvenile as
19to whether the juvenile is cooperating with the treatment and whether the treatment
20appears to be effective.
AB130-SSA1,290,421
(b) If the report prepared under s. 938.33 (1) recommends that the juvenile is
22in need of education relating to the use of alcohol beverages or controlled substances,
23the court may order the juvenile to participate in an alcohol or other drug abuse
24education program approved by the court. The person or agency that provides the
25education program shall, under the terms of a service agreement between the county
1and the education program, or with the written informed consent of the juvenile or
2the juvenile's parent if the juvenile has not attained the age of 12, report to the agency
3primarily responsible for providing services to the juvenile about the juvenile's
4attendance at the program.
AB130-SSA1,290,75
(c) Payment for the court-ordered treatment or education under this
6subsection in counties that have a pilot program under s. 938.547 shall be in
7accordance with s. 938.361.
AB130-SSA1,290,11
8(6s) Drug testing. If the report under s. 938.33 (1) indicate that the juvenile
9is in need of treatment for the use or abuse of controlled substances, order the
10juvenile to submit to drug testing under a drug testing program that the department
11shall promulgate by rule.
AB130-SSA1,290,13
12(7d) Education program. (a) Except as provided in par. (d), order the juvenile
13to attend any of the following:
AB130-SSA1,290,1514
1. A nonresidential educational program, including a program for juveniles at
15risk under s. 118.153, provided by the school district in which the juvenile resides.
AB130-SSA1,290,1816
2. Pursuant to a contractual agreement with the school district in which the
17juvenile resides, a nonresidential educational program provided by a licensed child
18welfare agency.
AB130-SSA1,290,2219
3. Pursuant to a contractual agreement with the school district in which the
20juvenile resides, an educational program provided by a private, nonprofit,
21nonsectarian agency that is located in the school district in which the juvenile resides
22and that complies with
42 USC 2000d.
AB130-SSA1,290,2523
4. Pursuant to a contractual agreement with the school district in which the
24juvenile resides, an educational program provided by a technical college district
25located in the school district in which the juvenile resides.
AB130-SSA1,291,4
1(b) The court shall order the school board to disclose the juvenile's pupil records,
2as defined under s. 118.125 (1) (d), to the county department or licensed child welfare
3agency responsible for supervising the juvenile, as necessary to determine the
4juvenile's compliance with the order under par. (a).
AB130-SSA1,291,105
(c) The court shall order the county department or licensed child welfare agency
6responsible for supervising the juvenile to disclose to the school board, technical
7college district board or private, nonprofit, nonsectarian agency which is providing
8an educational program under par. (a) 3. records or information about the juvenile,
9as necessary to assure the provision of appropriate educational services under par.
10(a).
AB130-SSA1,291,1211
(d) This subsection does not apply to a juvenile with exceptional educational
12needs, as defined under s. 115.76 (3).
AB130-SSA1,291,14
13(7g) Experiential education. Order the juvenile to participate in a wilderness
14challenge program or other experiential education program.
AB130-SSA1,291,19
15(7n) Juvenile offender education program. Order the juvenile to participate
16in an educational program that is designed to deter future delinquent behavior by
17focusing on such issues as decision making, assertiveness instead of aggression,
18family and peer relationships, self-esteem, identification and expression of feelings,
19alcohol and other drug abuse recognition and errors in thinking and judgment.
AB130-SSA1,291,22
20(7r) Vocational training. If the report under s. 938.33 (1) recommends that
21the juvenile is in need of vocational assessment, counseling and training, order the
22juvenile to participate in that assessment, counseling and training.
AB130-SSA1,291,25
23(7w) Day treatment program. If the report under s. 938.33 (1) indicates that
24the juvenile has specialized educational needs, order the juvenile to participate in
25a day treatment program.
AB130-SSA1,292,19
1(8) Forfeiture. Impose a forfeiture based upon a determination that this
2disposition is in the best interest of the juvenile and in aid of rehabilitation. The
3maximum forfeiture that the court may impose under this subsection for a violation
4by a juvenile is the maximum amount of the fine that may be imposed on an adult
5for committing that violation or, if the violation is applicable only to a juvenile, $100.
6Any such order shall include a finding that the juvenile alone is financially able to
7pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails
8to pay the forfeiture, the court may vacate the forfeiture and order other alternatives
9under this section, in accordance with the conditions specified in this subchapter; or
10the court may suspend any license issued under ch. 29 for not less than 30 days nor
11more than 5 years, or suspend the juvenile's operating privilege as defined in s.
12340.01 (40) for not less than 30 days nor more than 5 years. If the court suspends
13any license under this subsection, the clerk of the court shall immediately take
14possession of the suspended license and forward it to the department which issued
15the license, together with a notice of suspension clearly stating that the suspension
16is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during
17the period of suspension, the suspension shall be reduced to the time period which
18has already elapsed and the court shall immediately notify the department which
19shall then return the license to the juvenile.
AB130-SSA1,292,25
20(11) Transfer to foreign countries under treaty. If a treaty is in effect
21between the United States and a foreign country, allowing a juvenile adjudged
22delinquent who is a citizen or national of the foreign country to be transferred to the
23foreign country and if the juvenile and the juvenile's parent, guardian and legal
24custodian agree, request the governor to commence a transfer of the juvenile to the
25juvenile's country.
AB130-SSA1,293,5
1(13r) Violent violation in a school zone. (a) If the juvenile is adjudicated
2delinquent under a violation of a violent crime law specified in s. 939.632 (1) (e) in
3a school zone, as defined in s. 939.632 (1) (d), the court may require that the juvenile
4participate for 100 hours in a supervised work program under sub. (5g) or perform
5100 hours of other community service work.
AB130-SSA1,293,86
(b) The court shall not impose the requirement under par. (a) if the court
7determines that the person would pose a threat to public safety while completing the
8requirement.
AB130-SSA1,293,14
9(13t) Graffiti violation. If the juvenile is adjudicated delinquent under a
10violation of s. 943.017, the court may require that the juvenile participate for not less
11than 10 hours nor more than 100 hours in a supervised work program under sub. (5g)
12or perform not less than 10 hours nor more than 100 hours of other community
13service work, except that if the juvenile has not attained 14 years of age the
14maximum number of hours is 40.
AB130-SSA1,293,19
15(14d) Hate violations. In addition to any other disposition imposed under this
16section, if the juvenile is found to have committed a violation under circumstances
17in which, if committed by an adult, the adult would be subject to a penalty
18enhancement under s. 939.645, the court shall order any one or more of the following
19dispositions:
AB130-SSA1,293,2020
(a) That the juvenile make restitution under sub. (5).
AB130-SSA1,293,2221
(b) That the juvenile participate in a supervised work program or other
22community service work under sub. (5g) or (5m).
AB130-SSA1,293,2423
(c) That the juvenile participate in a victim-offender mediation program under
24sub. (5r) or otherwise apologize to the victim.
AB130-SSA1,294,2
1(d) That the juvenile participate in an educational program under sub. (7n) that
2includes sensitivity training or training in diversity.
AB130-SSA1,294,11
3(14m) Violation involving a motor vehicle. Restrict, suspend or revoke the
4operating privilege, as defined in s. 340.01 (40), of a juvenile who is adjudicated
5delinquent under a violation of any law in which a motor vehicle is involved. If the
6court suspends or revokes a juvenile's operating privilege under this subsection, the
7court shall immediately take possession of the suspended or revoked license and
8forward it to the department of transportation together with a notice stating the
9reason for and duration of the suspension or revocation. If the court limits a
10juvenile's operating privilege under this subsection, the court shall immediately
11notify the department of transportation of that limitation.
AB130-SSA1,294,13
12(14p) Computer violation. If the juvenile is found to have violated s. 943.70,
13place restrictions on the juvenile's use of computers.
AB130-SSA1,294,21
14(14r) Controlled substance violation. (a
) In addition to any other
15dispositions imposed under this section, if the juvenile is found to have violated ch.
16161, the court shall suspend or revoke the juvenile's operating privilege, as defined
17in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall
18immediately take possession of any suspended or revoked license and forward it to
19the department of transportation together with the notice of suspension or
20revocation clearly stating that the suspension or revocation is for a violation of ch.
21161.
AB130-SSA1,294,2322
(b) This subsection does not apply to violations under s. 161.573 (2), 161.574
23(2) or 161.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB130-SSA1,295,324
(c) If the juvenile's license or operating privilege is currently suspended or
25revoked or if the juvenile does not currently possess a valid operator's license issued
1under ch. 343, the suspension or revocation under this subsection is effective on the
2date on which the juvenile is first eligible and applies for issuance, renewal or
3reinstatement of an operator's license under ch. 343.
AB130-SSA1,295,7
4(14s) Controlled substance possession. (a)
In addition to any other
5dispositions imposed under this section, if the juvenile is found to have violated s.
6161.41 (2r), (3), (3m), (3n), (3p) or (3r), the court shall order one of the following
7penalties:
AB130-SSA1,295,88
1. For a first violation, a forfeiture of not more than $50.
AB130-SSA1,295,109
2. For a violation committed within 12 months of a previous violation, a
10forfeiture of not more than $100.
AB130-SSA1,295,1211
3. For a violation committed within 12 months of 2 or more previous violations,
12a forfeiture of not more than $500.
AB130-SSA1,295,1513
(am) In addition to any other dispositions imposed under this section, if the
14juvenile is found to have violated s. 161.41 (1) or (1m), the court shall order one of
15the following penalties:
AB130-SSA1,295,1616
1. For a first violation, a forfeiture of not less than $250 nor more than $500.
AB130-SSA1,295,1817
2. For a violation committed within 12 months of a previous violation, a
18forfeiture of not less than $300.
AB130-SSA1,295,2019
3. For a violation committed within 12 months of 2 or more previous violations,
20a forfeiture of $500.
AB130-SSA1,295,2421
(b) After ordering a disposition under par. (a) or (am), the court, with the
22agreement of the juvenile, may enter an additional order staying the execution of the
23dispositional order. If the court stays a dispositional order under this paragraph, the
24court shall enter an additional order requiring the juvenile to do any of the following:
AB130-SSA1,296,5
11. Submit to an alcohol and other drug abuse assessment that conforms to the
2criteria specified under s. 938.547 (4) and that is conducted by an approved
3treatment facility. The order shall designate an approved treatment facility to
4conduct the alcohol and other drug abuse assessment and shall specify the date by
5which the assessment must be completed.
AB130-SSA1,296,86
2. Participate in an outpatient alcohol or other drug abuse treatment program
7at an approved treatment facility, if an assessment conducted under subd. 1. or s.
8938.295 (1) recommends treatment.
AB130-SSA1,296,129
3. Participate in a court-approved pupil assistance program provided by the
10juvenile's school board or an alcohol or other drug abuse education program. The
11juvenile's participation in a court-approved pupil assistance program under this
12subdivision is subject to the approval of the juvenile's school board.
AB130-SSA1,296,1913
(c) If the approved treatment facility, with the written informed consent of the
14juvenile or, if the juvenile has not attained the age of 12, the written informed consent
15of the juvenile's parent, notifies the agency primarily responsible for providing
16services to the juvenile that the juvenile has submitted to an assessment under this
17subsection and that the juvenile does not need treatment, intervention or education,
18the court shall notify the juvenile of whether or not the original dispositional order
19will be reinstated.
AB130-SSA1,297,320
(d) If the juvenile completes the alcohol or other drug abuse treatment
21program, court-approved pupil assistance program or court-approved alcohol or
22other drug abuse education program, the approved treatment facility,
23court-approved pupil assistance program or court-approved alcohol or other drug
24abuse education program shall, with the written informed consent of the juvenile or,
25if the juvenile has not attained the age of 12, the written informed consent of the
1juvenile's parent, notify the agency primarily responsible for providing services to
2the juvenile that the juvenile has complied with the order and the court shall notify
3the juvenile of whether or not the original dispositional order will be reinstated.
AB130-SSA1,297,124
(e) If an approved treatment facility, court-approved pupil assistance program
5or court-approved alcohol or other drug abuse education program, with the written
6informed consent of the juvenile or, if the juvenile has not attained the age of 12, the
7written informed consent of the juvenile's parent, notifies the agency primarily
8responsible for providing services to the juvenile that a juvenile is not participating
9in, or has not satisfactorily completed, a recommended alcohol or other drug abuse
10treatment program, a court-approved pupil assistance program or a court-approved
11alcohol or other drug abuse education program, the court shall impose the original
12disposition under par. (a) or (am).