AB130,286,11
9(7w) Day treatment program. If the report under s. 938.33 (1) indicates that
10the juvenile has specialized educational needs, order the juvenile to participate in
11a day treatment program.
AB130,287,5
12(8) Forfeiture. Impose a forfeiture based upon a determination that this
13disposition is in the best interest of the juvenile and in aid of rehabilitation. The
14maximum forfeiture that the court may impose under this subsection for a violation
15by a juvenile is the maximum amount of the fine that may be imposed on an adult
16for committing that violation or, if the violation is applicable only to a juvenile, $100.
17Any such order shall include a finding that the juvenile alone is financially able to
18pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails
19to pay the forfeiture, the court may vacate the forfeiture and order other alternatives
20under this section, in accordance with the conditions specified in this subchapter; or
21the court may suspend any license issued under ch. 29 for not less than 30 days nor
22more than 5 years, or suspend the juvenile's operating privilege as defined in s.
23340.01 (40) for not less than 30 days nor more than 5 years. If the court suspends
24any license under this subsection, the clerk of the court shall immediately take
25possession of the suspended license and forward it to the department which issued
1the license, together with a notice of suspension clearly stating that the suspension
2is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during
3the period of suspension, the suspension shall be reduced to the time period which
4has already elapsed and the court shall immediately notify the department which
5shall then return the license to the juvenile.
AB130,287,11
6(11) Transfer to foreign countries under treaty. If a treaty is in effect
7between the United States and a foreign country, allowing a juvenile adjudged
8delinquent who is a citizen or national of the foreign country to be transferred to the
9foreign country and if the juvenile and the juvenile's parent, guardian and legal
10custodian agree, request the governor to commence a transfer of the juvenile to the
11juvenile's country.
AB130,287,16
12(14m) Violation involving a motor vehicle. Restrict, suspend or revoke the
13operating privilege, as defined in s. 340.01 (40), of a juvenile who is adjudicated
14delinquent under a violation of any law in which a motor vehicle is involved. Any
15limitation of the operating privilege shall be endorsed upon the operator's license
16and notice of the limitation forwarded to the department of transportation.
AB130,287,18
17(14p) Computer violation. If the juvenile is found to have violated s. 943.70,
18place restrictions on the juvenile's use of computers.
AB130,288,2
19(14r) Controlled substance violation. (a
) In addition to any other
20dispositions imposed under this section, if the juvenile is found to have violated ch.
21161, the court shall suspend or revoke the juvenile's operating privilege, as defined
22in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall
23immediately take possession of any suspended or revoked license and forward it to
24the department of transportation together with the notice of suspension or
1revocation clearly stating that the suspension or revocation is for a violation of ch.
2161.
AB130,288,43
(b) This subsection does not apply to violations under s. 161.573 (2), 161.574
4(2) or 161.575 (2) or a local ordinance that strictly conforms to one of those statutes.
AB130,288,95
(c) If the juvenile's license or operating privilege is currently suspended or
6revoked or if the juvenile does not currently possess a valid operator's license issued
7under ch. 343, the suspension or revocation under this subsection is effective on the
8date on which the juvenile is first eligible and applies for issuance, renewal or
9reinstatement of an operator's license under ch. 343.
AB130,288,13
10(14s) Controlled substance possession. (a)
In addition to any other
11dispositions imposed under this section, if the juvenile is found to have violated s.
12161.41 (2r), (3), (3m), (3n), (3p) or (3r), the court shall order one of the following
13penalties:
AB130,288,1414
1. For a first violation, a forfeiture of not more than $50.
AB130,288,1615
2. For a violation committed within 12 months of a previous violation, a
16forfeiture of not more than $100.
AB130,288,1817
3. For a violation committed within 12 months of 2 or more previous violations,
18a forfeiture of not more than $500.
AB130,288,2119
(am) In addition to any other dispositions imposed under this section, if the
20juvenile is found to have violated s. 161.41 (1) or (1m), the court shall order one of
21the following penalties:
AB130,288,2222
1. For a first violation, a forfeiture of not less than $250 nor more than $500.
AB130,288,2423
2. For a violation committed within 12 months of a previous violation, a
24forfeiture of not less than $300.
AB130,289,2
13. For a violation committed within 12 months of 2 or more previous violations,
2a forfeiture of $500.
AB130,289,63
(b) After ordering a disposition under par. (a) or (am), the court, with the
4agreement of the juvenile, may enter an additional order staying the execution of the
5dispositional order. If the court stays a dispositional order under this paragraph, the
6court shall enter an additional order requiring the juvenile to do any of the following:
AB130,289,117
1. Submit to an alcohol and other drug abuse assessment that conforms to the
8criteria specified under s. 938.547 (4) and that is conducted by an approved
9treatment facility. The order shall designate an approved treatment facility to
10conduct the alcohol and other drug abuse assessment and shall specify the date by
11which the assessment must be completed.
AB130,289,1412
2. Participate in an outpatient alcohol or other drug abuse treatment program
13at an approved treatment facility, if an assessment conducted under subd. 1. or s.
14938.295 (1) recommends treatment.
AB130,289,1815
3. Participate in a court-approved pupil assistance program provided by the
16juvenile's school board or an alcohol or other drug abuse education program. The
17juvenile's participation in a court-approved pupil assistance program under this
18subdivision is subject to the approval of the juvenile's school board.
AB130,289,2519
(c) If the approved treatment facility, with the written informed consent of the
20juvenile or, if the juvenile has not attained the age of 12, the written informed consent
21of the juvenile's parent, notifies the agency primarily responsible for providing
22services to the juvenile that the juvenile has submitted to an assessment under this
23subsection and that the juvenile does not need treatment, intervention or education,
24the court shall notify the juvenile of whether or not the original dispositional order
25will be reinstated.
AB130,290,9
1(d) If the juvenile completes the alcohol or other drug abuse treatment
2program, court-approved pupil assistance program or court-approved alcohol or
3other drug abuse education program, the approved treatment facility,
4court-approved pupil assistance program or court-approved alcohol or other drug
5abuse education program shall, with the written informed consent of the juvenile or,
6if the juvenile has not attained the age of 12, the written informed consent of the
7juvenile's parent, notify the agency primarily responsible for providing services to
8the juvenile that the juvenile has complied with the order and the court shall notify
9the juvenile of whether or not the original dispositional order will be reinstated.
AB130,290,1810
(e) If an approved treatment facility, court-approved pupil assistance program
11or court-approved alcohol or other drug abuse education program, with the written
12informed consent of the juvenile or, if the juvenile has not attained the age of 12, the
13written informed consent of the juvenile's parent, notifies the agency primarily
14responsible for providing services to the juvenile that a juvenile is not participating
15in, or has not satisfactorily completed, a recommended alcohol or other drug abuse
16treatment program, a court-approved pupil assistance program or a court-approved
17alcohol or other drug abuse education program, the court shall impose the original
18disposition under par. (a) or (am).
AB130,291,6
19(14t) Controlled substance possession on or near certain premises. If the
20juvenile is adjudicated delinquent under a violation of s. 161.41 (2r), (3), (3m), (3n),
21(3p) or (3r) by possessing or attempting to possess a controlled substance listed in
22schedule I or II under ch. 161 while in or on the premises of a scattered-site public
23housing project, as defined in s. 161.01 (20i), while in or otherwise within 1,000 feet
24of a state, county, city, village or town park, a jail or correctional facility, as defined
25in s. 161.01 (12m), a multiunit public housing project, as defined in s. 161.01 (14m),
1a swimming pool open to members of the public, a youth center, as defined in s. 161.01
2(22), or a community center, while on or otherwise within 1,000 feet of any private
3or public school premises or while on or otherwise within 1,000 feet of a school bus,
4as defined in s. 340.01 (56), the court shall require that the juvenile participate for
5100 hours in a supervised work program or other community service work under sub.
6(5g).
AB130,291,16
7(15) Deoxyribonucleic acid analysis and reporting requirements. (a) 1. If the
8juvenile is adjudicated delinquent on the basis of a violation of s. 940.225, 948.02 (1)
9or (2) or 948.025, the court shall require the juvenile to provide a biological specimen
10to the state crime laboratories for deoxyribonucleic acid analysis. If the violation is
11of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the juvenile
12to comply with the reporting requirements under s. 175.45. If the violation is of s.
13940.225 (3) or (3m), the court may require the juvenile to comply with the reporting
14requirements under s. 175.45 if the court determines that the underlying conduct
15was seriously sexually assaultive in nature and that it would be in the interest of
16public protection to have the juvenile report under s. 175.45.
AB130,291,2417
2. Except as provided in subd. 1., if the juvenile is adjudicated delinquent on
18the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court
19may require the juvenile to provide a biological specimen to the state crime
20laboratories for deoxyribonucleic acid analysis. The court may require the juvenile
21to comply with the reporting requirements under s. 175.45 if the court determines
22that the underlying conduct was seriously sexually assaultive in nature and that it
23would be in the interest of public protection to have the juvenile report under s.
24175.45.
AB130,292,3
13. The results from deoxyribonucleic acid analysis of a specimen under subd.
21. or 2. may be used only as authorized under s. 165.77 (3). The state crime
3laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
AB130,292,64
(b) The department of justice shall promulgate rules providing procedures for
5juveniles to provide specimens under par. (a) and for the transportation of those
6specimens to the state crime laboratories under s. 165.77.
AB130,292,23
7(16) Stay of order. After ordering a disposition under this section, enter an
8additional order staying the execution of the dispositional order contingent on the
9juvenile's satisfactory compliance with any conditions that are specified in the
10dispositional order and explained to the juvenile by the court. If the juvenile violates
11a condition of his or her dispositional order, the agency supervising the juvenile shall
12notify the court and the court shall hold a hearing within 30 days after the filing of
13the notice to determine whether the original disposition order should be imposed,
14unless the juvenile signs a written waiver of any objections to imposing the original
15dispositional order and the court approves the waiver. If a hearing is held, the court
16shall notify the parent, juvenile, guardian and legal custodian, all parties bound by
17the original dispositional order and the district attorney or corporation counsel in the
18county in which the dispositional order was entered at the time and place of the
19hearing at least 3 days before the hearing. If all parties consent, the court may
20proceed immediately with the hearing. The court may not impose the original
21dispositional order unless the court finds to a reasonable certainty by the greater
22weight of the credible evidence that the juvenile has violated a condition of his or her
23dispostional order.
AB130,293,2
24938.341 Delinquency adjudication; restriction on firearm possession. 25Whenever a court adjudicates a juvenile delinquent for an act that if committed by
1an adult in this state would be a felony, the court shall inform the juvenile of the
2requirements and penalties under s. 941.29.
AB130,293,6
3938.342 Disposition; truancy and school dropout ordinance violations.
4(1) If the court finds that the juvenile violated a municipal ordinance enacted under
5s. 118.163 (2), the court shall enter an order making one or more of the following
6dispositions if such a disposition is authorized by the municipal ordinance:
AB130,293,117
(a) Suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for
8not less than 30 days nor more than 90 days. The court shall immediately take
9possession of the suspended license and forward it to the department of
10transportation together with a notice stating the reason for and duration of the
11suspension.
AB130,293,1312
(b) Order the juvenile to participate in counseling or a supervised work
13program or other community service work under s. 938.34 (5g).
AB130,293,1814
(c) Order the juvenile to remain at home except during hours in which the
15juvenile is attending religious worship or a school program, including travel time
16required to get to and from the school program or place of worship. The order may
17permit a juvenile to leave his or her home if the juvenile is accompanied by a parent
18or guardian.
AB130,293,1919
(d) Order the juvenile to attend an educational program under s. 938.34 (7d).
AB130,293,2220
(e) Order the department of industry, labor and human relations to revoke or
21refuse to issue, under s. 103.72, a permit under s. 103.70 authorizing the employment
22of the juvenile.
AB130,294,2
23(1m) (a) If the court finds that the juvenile violated a municipal ordinance
24enacted under s. 118.163 (2), the court may, in addition to or instead of the
25dispositions under sub. (1), order the juvenile's parent, guardian or legal custodian
1to participate in counseling at the parent's, guardian's or legal custodian's own
2expense.
AB130,294,103
(b) No order to any person under par. (a) may be entered until the person is
4given an opportunity to be heard on the contemplated order of the court. The court
5shall cause notice of the time, place and purpose of the hearing to be served on the
6person personally at least 10 days before the date of the hearing. The procedure in
7these cases shall, as far as practicable, be the same as in other cases to the court. At
8the hearing, the person may be represented by counsel and may produce and
9cross-examine witnesses. Any person who fails to comply with any order issued by
10a court under par. (a) may be proceeded against for contempt of court.
AB130,294,14
11(2) (a) Except as provided in par. (b), if the court finds that the juvenile is
12subject to a municipal ordinance enacted under s. 118.163 (2m), the court shall enter
13an order suspending the juvenile's operating privilege, as defined in s. 340.01 (40),
14until the juvenile reaches the age of 18.
AB130,294,1815
(b) The court may enter an order making any of the dispositions specified under
16sub. (1) if the court finds that suspension of the juvenile's operating privilege, as
17defined in s. 340.01 (40), until the juvenile reaches the age of 18 would cause an
18undue hardship to the juvenile or the juvenile's family.
AB130,294,22
19938.343 Disposition of juvenile adjudged to have violated a civil law or
20an ordinance. Except as provided by ss. 938.342 and 938.344, if the court finds that
21the juvenile violated a civil law or an ordinance, the court shall enter an order
22making one or more of the following dispositions:
AB130,294,23
23(1) Counsel the juvenile or the parent or guardian.
AB130,295,10
24(2) Impose a forfeiture not to exceed the maximum forfeiture that may be
25imposed on an adult for committing that violation or, if the violation is only
1applicable to a juvenile, $50. Any such order shall include a finding that the juvenile
2alone is financially able to pay and shall allow up to 12 months for the payment. If
3a juvenile fails to pay the forfeiture, the court may suspend any license issued under
4ch. 29 or suspend the juvenile's operating privilege as defined in s. 340.01 (40), for
5not less than 30 days nor more than 5 years. The court shall immediately take
6possession of the suspended license and forward it to the department which issued
7the license, together with the notice of suspension clearly stating that the suspension
8is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during
9the period of suspension, the court shall immediately notify the department, which
10will thereupon return the license to the person.
AB130,295,12
11(3) Order the juvenile to participate in a supervised work program or other
12community service work under s. 938.34 (5g).
AB130,295,22
13(4) If the violation has resulted in damage to the property of another, or in
14actual physical injury to another excluding pain and suffering, the court may order
15the juvenile to make repairs of the damage to property or reasonable restitution for
16the damage or injury if the court, after taking into consideration the well-being and
17needs of the victim, considers it beneficial to the well-being and behavior of the
18juvenile. Any such order requiring payment for repairs or restitution shall include
19a finding that the juvenile alone is financially able to pay and may allow up to the
20date of the expiration of the order for the payment. Objection by the juvenile to the
21amount of damages claimed shall entitle the juvenile to a hearing on the question of
22damages before the amount of restitution is ordered.
AB130,295,24
23(5) If the violation is related to unsafe use of a boat, order the juvenile to attend
24a safety course under s. 30.74 (1).
AB130,296,3
1(6) If the violation is of ch. 29, suspension of the license or licenses of the
2juvenile issued under that chapter for not more than one year or until the juvenile
3is 18 years of age, whichever occurs first.
AB130,296,6
4(7) If the violation is related to the unsafe use of firearms, order the juvenile
5to attend a course under the hunter education and firearm safety program under s.
629.225.
AB130,296,8
7(8) If the violation is one under ch. 350 concerning the use of snowmobiles,
8order the juvenile to attend a safety course under s. 350.055.
AB130,296,11
9(9) If the violation is one under s. 23.33 or under an ordinance enacted in
10conformity with s. 23.33 concerning the use of all-terrain vehicles, order the juvenile
11to enroll and participate in an all-terrain vehicle safety course.
AB130,296,13
12(10) If the violation is related to the use or abuse of alcohol beverages or
13controlled substances, order the juvenile to do any of the following:
AB130,296,1814
(a) Submit to an alcohol and other drug abuse assessment that conforms to the
15criteria specified under s. 938.547 (4) and that is conducted by an approved
16treatment facility. The order shall designate an approved treatment facility to
17perform the assessment and shall specify the date by which the assessment must be
18completed.
AB130,296,2119
(b) Participate in an outpatient alcohol and other drug abuse treatment
20program if an assessment conducted under par. (a) or s. 938.295 (1) recommends
21treatment.
AB130,296,2522
(c) Participate in a court-approved pupil assistance program provided by the
23juvenile's school board or in a court-approved alcohol or other drug abuse education
24program. The juvenile's participation in a court-approved pupil assistance program
25under this paragraph is subject to the approval of the juvenile's school board.
AB130,297,2
1938.344 Disposition; certain intoxicating liquor, beer and drug
2violations. (1) In this section:
AB130,297,43
(a) "Court" means a municipal court or the court assigned to exercise
4jurisdiction under this chapter and ch. 48.
AB130,297,7
5(2) If a court finds a juvenile committed a violation under s. 125.07 (4) (b) or
6125.09 (2), or a local ordinance that strictly conforms to one of those statutes, the
7court shall order one or any combination of the following penalties:
AB130,297,118
(a) For a first violation, a forfeiture of not more than $50, suspension of the
9juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's
10participation in a supervised work program or other community service work under
11s. 938.34 (5g).
AB130,297,1512
(b) For a violation committed within 12 months of a previous violation, a
13forfeiture of not more than $100, suspension of the juvenile's operating privilege as
14provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work
15program or other community service work under s. 938.34 (5g).
AB130,297,1916
(c) For a violation committed within 12 months of 2 or more previous violations,
17a forfeiture of not more than $500, revocation of the juvenile's operating privilege as
18provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work
19program or other community service work under s. 938.34 (5g).
AB130,297,22
20(2b) If a court finds a juvenile committed a violation under s. 125.07 (4) (a), or
21a local ordinance which strictly conforms to s. 125.07 (4) (a), the court shall order one
22or any combination of the following penalties:
AB130,298,223
(a) For a first violation, a forfeiture of not less than $250 nor more than $500,
24suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1.
1or the juvenile's participation in a supervised work program or other community
2service work under s. 938.34 (5g).
AB130,298,73
(b) For a violation committed within 12 months of a previous violation, a
4forfeiture of not less than $300 nor more than $500, suspension of the juvenile's
5operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's
6participation in a supervised work program or other community service work under
7s. 938.34 (5g).
AB130,298,118
(c) For a violation committed within 12 months of 2 or more previous violations,
9a forfeiture of $500, revocation of the juvenile's operating privilege as provided under
10s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or
11other community service work under s. 938.34 (5g).
AB130,298,14
12(2d) If a court finds a juvenile committed a violation under s. 125.085 (3) (b),
13or a local ordinance which strictly conforms to s. 125.085 (3) (b), the court shall order
14one or any combination of the following penalties:
AB130,298,1815
(a) For a first violation, a forfeiture of not less than $100 nor more than $500,
16suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1.
17or the juvenile's participation in a supervised work program or other community
18service work under s. 938.34 (5g).
AB130,298,2319
(b) For a violation committed within 12 months of a previous violation, a
20forfeiture of not less than $300 nor more than $500, suspension of the juvenile's
21operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's
22participation in a supervised work program or other community service work under
23s. 938.34 (5g).
AB130,299,224
(c) For a violation committed within 12 months of 2 or more previous violations,
25a forfeiture of $500, revocation of the juvenile's operating privilege as provided under
1s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or
2other community service work under s. 938.34 (5g).
AB130,299,7
3(2e) (a) If a court finds a juvenile committed a violation under s. 161.573 (2),
4161.574 (2) or 161.575 (2), or a local ordinance that strictly conforms to one of those
5statutes, the court shall suspend or revoke the juvenile's operating privilege, as
6defined in s. 340.01 (40), for not less than 6 months nor more than 5 years and, in
7addition, shall order one of the following penalties:
AB130,299,108
1. For a first violation, a forfeiture of not more than $50 or the juvenile's
9participation in a supervised work program or other community service work under
10s. 938.34 (5g) or both.
AB130,299,1311
2. For a violation committed within 12 months of a previous violation, a
12forfeiture of not more than $100 or the juvenile's participation in a supervised work
13program or other community service work under s. 938.34 (5g) or both.
AB130,299,1614
3. For a violation committed within 12 months of 2 or more previous violations,
15a forfeiture of not more than $500 or the juvenile's participation in a supervised work
16program or other community service work under s. 938.34 (5g) or both.
AB130,299,2217
(b) Whenever a court suspends or revokes a juvenile's operating privilege under
18this subsection, the court shall immediately take possession of any suspended or
19revoked license and forward it to the department of transportation, together with the
20notice of suspension or revocation clearly stating that the suspension or revocation
21is for a violation under s. 161.573 (2), 161.574 (2) or 161.575 (2), or a local ordinance
22that strictly conforms to one of those statutes.
AB130,300,223
(c) If the juvenile's license or operating privilege is currently suspended or
24revoked or the juvenile does not currently possess a valid operator's license issued
25under ch. 343, the suspension or revocation under this subsection is effective on the
1date on which the juvenile is first eligible and applies for issuance, renewal or
2reinstatement of an operator's license under ch. 343.
AB130,300,6
3(2g) (a) After ordering a penalty under sub. (2), (2b), (2d) or (2e), the court, with
4the agreement of the juvenile, may enter an additional order staying the execution
5of the penalty order and suspending or modifying the penalty imposed. The order
6under this paragraph shall require the juvenile to do any of the following:
AB130,300,117
1. Submit to an alcohol and other drug abuse assessment that conforms to the
8criteria specified under s. 938.547 (4) and that is conducted by an approved
9treatment facility. The order shall designate an approved treatment facility to
10conduct the alcohol and other drug abuse assessment and shall specify the date by
11which the assessment must be completed.
AB130,300,1412
2. Participate in an outpatient alcohol or other drug abuse treatment program
13at an approved treatment facility, if an alcohol or other drug abuse assessment
14conducted under subd. 1. or s. 938.295 (1) recommends treatment.
AB130,300,1815
3. Participate in a court-approved pupil assistance program provided by the
16juvenile's school board or in a court-approved alcohol or other drug abuse education
17program. The juvenile's participation in a court-approved pupil assistance program
18under this subdivision is subject to the approval of the juvenile's school board.
AB130,300,2419
(b) If the approved treatment facility, with the written informed consent of the
20juvenile or, if the juvenile has not attained the age of 12, the written informed consent
21of the juvenile's parent, notifies the agency primarily responsible for providing
22services to the juvenile that the juvenile has submitted to an assessment under par.
23(a) and that the juvenile does not need treatment, intervention or education, the
24court shall notify the juvenile of whether or not the penalty will be reinstated.
AB130,301,9
1(c) If the juvenile completes the alcohol or other drug abuse treatment program,
2court-approved pupil assistance program or court-approved alcohol or other drug
3abuse education program, the approved treatment facility, court-approved pupil
4assistance program or court-approved alcohol or other drug abuse education
5program shall, with the written informed consent of the juvenile or, if the juvenile
6has not attained the age of 12, the written informed consent of the juvenile's parent,
7notify the agency primarily responsible for providing services to the juvenile that the
8juvenile has complied with the order and the court shall notify the juvenile of
9whether or not the penalty will be reinstated.
AB130,301,1810
(d) If an approved treatment facility, court-approved pupil assistance program
11or court-approved alcohol or other drug abuse education program, with the written
12informed consent of the juvenile or, if the juvenile has not attained the age of 12, the
13written informed consent of the juvenile's parent, notifies the agency primarily
14responsible for providing services to the juvenile that a juvenile is not participating,
15or has not satisfactorily completed, a recommended alcohol or other drug abuse
16treatment program, a court-approved pupil assistance program or a court-approved
17alcohol or other drug abuse education program, the court shall hold a hearing to
18determine whether the penalties under sub. (2), (2b), (2d) or (2e) should be imposed.
AB130,301,20
19(2m) For purposes of subs. (2) to (2e), all violations arising out of the same
20incident or occurrence shall be counted as a single violation.
AB130,302,3
21(3) If the juvenile alleged to have committed the violation is within 3 months
22of his or her 18th birthday, the court assigned to exercise jurisdiction under this
23chapter and ch. 48 may, at the request of the district attorney or on its own motion,
24dismiss the citation without prejudice and refer the matter to the district attorney
25for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the
1issue of his or her age. This subsection does not apply to violations under s. 161.573
2(2), 161.574 (2) or 161.575 (2) or a local ordinance that strictly conforms to one of
3those statutes.
AB130,302,8
4938.345 Disposition of juvenile adjudged in need of protection or
5services. (1) If the court finds that the juvenile is in need of protection or services,
6the court shall enter an order deciding one or more of the dispositions of the case as
7provided in s. 938.34 under a care and treatment plan except that the order may not
8do any of the following:
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(a) Place the juvenile in a secured correctional facility or a secured child caring
10institution or transfer the custody of the juvenile to the department of corrections.
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(b) Order restitution.
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(c) Order payment of a forfeiture.
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(d) Restrict, suspend or revoke the driving privileges of the juvenile, except as
14provided under sub. (2).
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(e) Place any juvenile not specifically found under chs. 46, 49, 51, 115 and 880
16to be developmentally disabled, mentally ill or to have exceptional educational needs
17in facilities which exclusively treat those categories of juveniles.