AB130: Bill Text

AB130,289,18 3. Participate in a court-approved pupil assistance program provided by the juvenile's school board or an alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this subdivision is subject to the approval of the juvenile's school board.

AB130,289,25 (c) If the approved treatment facility, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notifies the agency primarily responsible for providing services to the juvenile that the juvenile has submitted to an assessment under this subsection and that the juvenile does not need treatment, intervention or education, the court shall notify the juvenile of whether or not the original dispositional order will be reinstated.

AB130,290,9 (d) If the juvenile completes the alcohol or other drug abuse treatment program, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, the approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program shall, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notify the agency primarily responsible for providing services to the juvenile that the juvenile has complied with the order and the court shall notify the juvenile of whether or not the original dispositional order will be reinstated.

AB130,290,18 (e) If an approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notifies the agency primarily responsible for providing services to the juvenile that a juvenile is not participating in, or has not satisfactorily completed, a recommended alcohol or other drug abuse treatment program, a court-approved pupil assistance program or a court-approved alcohol or other drug abuse education program, the court shall impose the original disposition under par. (a) or (am).

AB130,291,6 (14t) Controlled substance possession on or near certain premises. If the juvenile is adjudicated delinquent under a violation of s. 161.41 (2r), (3), (3m), (3n), (3p) or (3r) by possessing or attempting to possess a controlled substance listed in schedule I or II under ch. 161 while in or on the premises of a scattered-site public housing project, as defined in s. 161.01 (20i), while in or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, as defined in s. 161.01 (12m), a multiunit public housing project, as defined in s. 161.01 (14m), a swimming pool open to members of the public, a youth center, as defined in s. 161.01 (22), or a community center, while on or otherwise within 1,000 feet of any private or public school premises or while on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall require that the juvenile participate for 100 hours in a supervised work program or other community service work under sub. (5g).

AB130,291,16 (15) Deoxyribonucleic acid analysis and reporting requirements. (a) 1. If the juvenile is adjudicated delinquent on the basis of a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. If the violation is of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025, the court shall require the juvenile to comply with the reporting requirements under s. 175.45. If the violation is of s. 940.225 (3) or (3m), the court may require the juvenile to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the juvenile report under s. 175.45.

AB130,291,24 2. Except as provided in subd. 1., if the juvenile is adjudicated delinquent on the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the juvenile to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the juvenile report under s. 175.45.

AB130,292,3 3. The results from deoxyribonucleic acid analysis of a specimen under subd. 1. or 2. may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB130,292,6 (b) The department of justice shall promulgate rules providing procedures for juveniles to provide specimens under par. (a) and for the transportation of those specimens to the state crime laboratories under s. 165.77.

AB130,292,23 (16) Stay of order. After ordering a disposition under this section, enter an additional order staying the execution of the dispositional order contingent on the juvenile's satisfactory compliance with any conditions that are specified in the dispositional order and explained to the juvenile by the court. If the juvenile violates a condition of his or her dispositional order, the agency supervising the juvenile shall notify the court and the court shall hold a hearing within 30 days after the filing of the notice to determine whether the original disposition order should be imposed, unless the juvenile signs a written waiver of any objections to imposing the original dispositional order and the court approves the waiver. If a hearing is held, the court shall notify the parent, juvenile, guardian and legal custodian, all parties bound by the original dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered at the time and place of the hearing at least 3 days before the hearing. If all parties consent, the court may proceed immediately with the hearing. The court may not impose the original dispositional order unless the court finds to a reasonable certainty by the greater weight of the credible evidence that the juvenile has violated a condition of his or her dispostional order.

AB130,293,2 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony, the court shall inform the juvenile of the requirements and penalties under s. 941.29.

AB130,293,6 938.342 Disposition; truancy and school dropout ordinance violations. (1) If the court finds that the juvenile violated a municipal ordinance enacted under s. 118.163 (2), the court shall enter an order making one or more of the following dispositions if such a disposition is authorized by the municipal ordinance:

AB130,293,11 (a) Suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 90 days. The court shall immediately take possession of the suspended license and forward it to the department of transportation together with a notice stating the reason for and duration of the suspension.

AB130,293,13 (b) Order the juvenile to participate in counseling or a supervised work program or other community service work under s. 938.34 (5g).

AB130,293,18 (c) Order the juvenile to remain at home except during hours in which the juvenile is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a juvenile to leave his or her home if the juvenile is accompanied by a parent or guardian.

AB130,293,19 (d) Order the juvenile to attend an educational program under s. 938.34 (7d).

AB130,293,22 (e) Order the department of industry, labor and human relations to revoke or refuse to issue, under s. 103.72, a permit under s. 103.70 authorizing the employment of the juvenile.

AB130,294,2 (1m) (a) If the court finds that the juvenile violated a municipal ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the dispositions under sub. (1), order the juvenile's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense.

AB130,294,10 (b) No order to any person under par. (a) may be entered until the person is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the court. At the hearing, the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under par. (a) may be proceeded against for contempt of court.

AB130,294,14 (2) (a) Except as provided in par. (b), if the court finds that the juvenile is subject to a municipal ordinance enacted under s. 118.163 (2m), the court shall enter an order suspending the juvenile's operating privilege, as defined in s. 340.01 (40), until the juvenile reaches the age of 18.

AB130,294,18 (b) The court may enter an order making any of the dispositions specified under sub. (1) if the court finds that suspension of the juvenile's operating privilege, as defined in s. 340.01 (40), until the juvenile reaches the age of 18 would cause an undue hardship to the juvenile or the juvenile's family.

AB130,294,22 938.343 Disposition of juvenile adjudged to have violated a civil law or an ordinance. Except as provided by ss. 938.342 and 938.344, if the court finds that the juvenile violated a civil law or an ordinance, the court shall enter an order making one or more of the following dispositions:

AB130,294,23 (1) Counsel the juvenile or the parent or guardian.

AB130,295,10 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a juvenile, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person.

AB130,295,12 (3) Order the juvenile to participate in a supervised work program or other community service work under s. 938.34 (5g).

AB130,295,22 (4) If the violation has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the court may order the juvenile to make repairs of the damage to property or reasonable restitution for the damage or injury if the court, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile. Any such order requiring payment for repairs or restitution shall include a finding that the juvenile alone is financially able to pay and may allow up to the date of the expiration of the order for the payment. Objection by the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing on the question of damages before the amount of restitution is ordered.

AB130,295,24 (5) If the violation is related to unsafe use of a boat, order the juvenile to attend a safety course under s. 30.74 (1).

AB130,296,3 (6) If the violation is of ch. 29, suspension of the license or licenses of the juvenile issued under that chapter for not more than one year or until the juvenile is 18 years of age, whichever occurs first.

AB130,296,6 (7) If the violation is related to the unsafe use of firearms, order the juvenile to attend a course under the hunter education and firearm safety program under s. 29.225.

AB130,296,8 (8) If the violation is one under ch. 350 concerning the use of snowmobiles, order the juvenile to attend a safety course under s. 350.055.

AB130,296,11 (9) If the violation is one under s. 23.33 or under an ordinance enacted in conformity with s. 23.33 concerning the use of all-terrain vehicles, order the juvenile to enroll and participate in an all-terrain vehicle safety course.

AB130,296,13 (10) If the violation is related to the use or abuse of alcohol beverages or controlled substances, order the juvenile to do any of the following:

AB130,296,18 (a) Submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 938.547 (4) and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to perform the assessment and shall specify the date by which the assessment must be completed.

AB130,296,21 (b) Participate in an outpatient alcohol and other drug abuse treatment program if an assessment conducted under par. (a) or s. 938.295 (1) recommends treatment.

AB130,296,25 (c) Participate in a court-approved pupil assistance program provided by the juvenile's school board or in a court-approved alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this paragraph is subject to the approval of the juvenile's school board.

AB130,297,2 938.344 Disposition; certain intoxicating liquor, beer and drug violations. (1) In this section:

AB130,297,4 (a) "Court" means a municipal court or the court assigned to exercise jurisdiction under this chapter and ch. 48.

AB130,297,7 (2) If a court finds a juvenile committed a violation under s. 125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to one of those statutes, the court shall order one or any combination of the following penalties:

AB130,297,11 (a) For a first violation, a forfeiture of not more than $50, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,297,15 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not more than $100, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,297,19 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,297,22 (2b) If a court finds a juvenile committed a violation under s. 125.07 (4) (a), or a local ordinance which strictly conforms to s. 125.07 (4) (a), the court shall order one or any combination of the following penalties:

AB130,298,2 (a) For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,298,7 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,298,11 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,298,14 (2d) If a court finds a juvenile committed a violation under s. 125.085 (3) (b), or a local ordinance which strictly conforms to s. 125.085 (3) (b), the court shall order one or any combination of the following penalties:

AB130,298,18 (a) For a first violation, a forfeiture of not less than $100 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,298,23 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,299,2 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,299,7 (2e) (a) If a court finds a juvenile committed a violation under s. 161.573 (2), 161.574 (2) or 161.575 (2), or a local ordinance that strictly conforms to one of those statutes, the court shall suspend or revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years and, in addition, shall order one of the following penalties:

AB130,299,10 1. For a first violation, a forfeiture of not more than $50 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g) or both.

AB130,299,13 2. For a violation committed within 12 months of a previous violation, a forfeiture of not more than $100 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g) or both.

AB130,299,16 3. For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g) or both.

AB130,299,22 (b) Whenever a court suspends or revokes a juvenile's operating privilege under this subsection, the court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation, together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation under s. 161.573 (2), 161.574 (2) or 161.575 (2), or a local ordinance that strictly conforms to one of those statutes.

AB130,300,2 (c) If the juvenile's license or operating privilege is currently suspended or revoked or the juvenile does not currently possess a valid operator's license issued under ch. 343, the suspension or revocation under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance, renewal or reinstatement of an operator's license under ch. 343.

AB130,300,6 (2g) (a) After ordering a penalty under sub. (2), (2b), (2d) or (2e), the court, with the agreement of the juvenile, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed. The order under this paragraph shall require the juvenile to do any of the following:

AB130,300,11 1. Submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 938.547 (4) and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol and other drug abuse assessment and shall specify the date by which the assessment must be completed.

AB130,300,14 2. Participate in an outpatient alcohol or other drug abuse treatment program at an approved treatment facility, if an alcohol or other drug abuse assessment conducted under subd. 1. or s. 938.295 (1) recommends treatment.

AB130,300,18 3. Participate in a court-approved pupil assistance program provided by the juvenile's school board or in a court-approved alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this subdivision is subject to the approval of the juvenile's school board.

AB130,300,24 (b) If the approved treatment facility, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notifies the agency primarily responsible for providing services to the juvenile that the juvenile has submitted to an assessment under par. (a) and that the juvenile does not need treatment, intervention or education, the court shall notify the juvenile of whether or not the penalty will be reinstated.

AB130,301,9 (c) If the juvenile completes the alcohol or other drug abuse treatment program, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, the approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program shall, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notify the agency primarily responsible for providing services to the juvenile that the juvenile has complied with the order and the court shall notify the juvenile of whether or not the penalty will be reinstated.

AB130,301,18 (d) If an approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notifies the agency primarily responsible for providing services to the juvenile that a juvenile is not participating, or has not satisfactorily completed, a recommended alcohol or other drug abuse treatment program, a court-approved pupil assistance program or a court-approved alcohol or other drug abuse education program, the court shall hold a hearing to determine whether the penalties under sub. (2), (2b), (2d) or (2e) should be imposed.

AB130,301,20 (2m) For purposes of subs. (2) to (2e), all violations arising out of the same incident or occurrence shall be counted as a single violation.

AB130,302,3 (3) If the juvenile alleged to have committed the violation is within 3 months of his or her 18th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 161.573 (2), 161.574 (2) or 161.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB130,302,8 938.345 Disposition of juvenile adjudged in need of protection or services. (1) If the court finds that the juvenile is in need of protection or services, the court shall enter an order deciding one or more of the dispositions of the case as provided in s. 938.34 under a care and treatment plan except that the order may not do any of the following:

AB130,302,10 (a) Place the juvenile in a secured correctional facility or a secured child caring institution or transfer the custody of the juvenile to the department of corrections.

AB130,302,11 (b) Order restitution.

AB130,302,12 (c) Order payment of a forfeiture.

AB130,302,14 (d) Restrict, suspend or revoke the driving privileges of the juvenile, except as provided under sub. (2).

AB130,302,17 (e) Place any juvenile not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of juveniles.

AB130,302,19 (f) Order the juvenile to participate in a supervised work program or other community service work under s. 938.34 (5g), except as provided under sub. (2).

AB130,302,21 (g) Order the juvenile into detention or nonsecure custody under s. 938.34 (3) (f).

AB130,303,3 (2) If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b), or based on habitual truancy, and the court also finds that the reason the juvenile has dropped out of school or is a habitual truant is a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with s. 118.15 (1) (a), the court, instead of or in addition to any other disposition imposed under sub. (1), may enter an order permitted under s. 938.342.

AB130,303,5 938.346 Notice to victims of juveniles' acts. (1) Each known victim of a juvenile's act shall receive timely notice of the following information:

AB130,303,7 (a) The procedure under s. 938.396 (1r) for obtaining the identity of the juvenile and the juvenile's parents.

AB130,303,9 (b) The procedure under s. 938.396 (1r) for obtaining the juvenile's police records.

AB130,303,10 (c) The potential liability of the juvenile's parents under s. 895.035.

AB130,303,11 (d) Either of the following:

AB130,303,19 1. Information regarding any deferred prosecution agreement under s. 938.245, any consent decree under s. 938.32 or any dispositional order under ss. 938.34 to 938.345. The information may not include reports under s. 938.295 or 938.33 or any other information that deals with sensitive personal matters of the juvenile and the juvenile's family and that does not directly relate to the act or alleged act committed against the victim. This subdivision does not affect the right of a victim to attend any hearing that the victim is permitted to attend under s. 938.299 (1) (am).

AB130,303,21 2. The procedure the victim may follow for obtaining the information in subd. 1.

AB130,304,4 (e) The procedure under s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05 or 948.06 to submit to a test or a series of tests to detect the presence of HIV, as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, as defined in s. 252.11 (1), and to have the results of that test or series of tests disclosed as provided in s. 938.296 (4) (a) to (e).

AB130,304,6 (f) The right to request and receive notice of the time and place of any hearing that the victim may attend under s. 938.299 (1) (am).

AB130,304,8 (g) The right to make a statement to the court as provided in ss. 938.32 (1) (b) and 938.335 (3m).

AB130,304,17 (1m) The intake worker shall provide notice of the information specified in sub. (1) (a), (b) and (c), the information specified in sub. (1) (d) relating to a deferred prosecution agreement under s. 938.245 and the information specified in sub. (3) if the inquiry is terminated without a deferred prosecution agreement before the filing of a petition. The district attorney or corporation counsel shall provide notice of the information specified in sub. (1) (e), (f) and (g), the information specified in sub. (1) (d) relating to a consent decree under s. 938.32 or a dispositional order under ss. 938.34 to 938.345 and the information under sub. (3) if the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.

AB130,304,19 (2) The notice under sub. (1) shall include an explanation of the restrictions on divulging information obtained under this chapter and the penalties for violations.

AB130,304,23 (3) If an inquiry or proceeding is closed, dismissed or otherwise does not result in a deferred prosecution agreement, consent decree or dispositional order, a reasonable attempt shall be made to inform each known victim of the juvenile's alleged act that the inquiry or proceeding has been terminated.

AB130,304,25 (4) If the victim is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.

AB130,305,3 (5) Chief judges and circuit judges shall establish by policy and rule procedures for the implementation of this section. The policies and rules shall specify when, how and by whom the notice under this section shall be provided to victims.

AB130,305,11 938.35 Effect of judgment and disposition. (1) The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in a proceeding on a petition under this subchapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following: