(c) Under this subsection, a court may not order a juvenile who is under 14 years of age to make not more than $250 in restitution or to perform not more than 40 total hours of services for the victim as total restitution under the order.
Note: Clarifies, in s. 938.34 (5) (c), stats., that a juvenile under 14 years of age may not make more than $250 in restitution or perform more than 40 hours of services for each dispositional order.
344,383
Section
383. 938.34 (5g) (b) of the statutes is amended to read:
938.34 (5g) (b) The supervised work program or other community service work shall be of a constructive nature and designed to promote the rehabilitation of the juvenile, shall be appropriate to the age level and physical ability of the juvenile, and shall be combined with counseling from a member of the staff of the county department, community agency, public agency, or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the juvenile's regular attendance at school. Subject to par. (d), the amount of work required shall be reasonably related to the seriousness of the juvenile's offense.
344,384
Section
384. 938.34 (6r) (a) and (b) and (6s) of the statutes are amended to read:
938.34 (6r) (a) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of treatment for the use or abuse of alcohol beverages, controlled substances, or controlled substance analogs and its medical, personal, family, or social effects, the court may order the juvenile to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile as to whether the juvenile is cooperating with the treatment and whether the treatment appears to be effective.
(b) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of education relating to the use of alcohol beverages, controlled substances, or controlled substance analogs, the court may order the juvenile to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile about the juvenile's attendance at the program.
(6s) Drug testing. If the report under s. 938.33 (1) indicate indicates that the juvenile is in need of treatment for the use or abuse of controlled substances or controlled substance analogs, order the juvenile to submit to drug testing under a drug testing program that the department shall promulgate by rule.
344,385
Section
385. 938.34 (7d) (a) 2., 3. and 4. of the statutes are amended to read:
938.34 (7d) (a) 2. Pursuant to Under a contractual agreement with the school district in which the juvenile resides, a nonresidential educational program provided by a licensed child welfare agency.
3.
Pursuant to Under a contractual agreement with the school district in which the juvenile resides, an educational program provided by a private, nonprofit, nonsectarian agency that is located in the school district in which the juvenile resides and that complies with
42 USC 2000d.
4. Pursuant to Under a contractual agreement with the school district in which the juvenile resides, an educational program provided by a technical college district located in the school district in which the juvenile resides.
344,386
Section
386. 938.34 (8) of the statutes is amended to read:
938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a 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 suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
344,387
Section
387. 938.34 (8d) (c) and (d) of the statutes are amended to read:
938.34 (8d) (c) If a juvenile placed in a secured juvenile correctional facility or a secured child caring institution residential care center for children and youth fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. If a juvenile placed in a secured group home fails to pay the surcharge under par. (a), the county department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.
(d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, 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. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a surcharge imposed by the court. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.
Note: Deletes the second sentence in s. 938.34 (8d) (c), stats., to reflect the deletion of references to secured group homes under this bill. See the Note to s. 938.02 (15p), stats., as affected by this bill.
344,388
Section
388. 938.34 (13r), (13t), (14d) and (14q) of the statutes are amended to read:
938.34 (13r) Violent violation in a school zone. (a) If the juvenile is adjudicated delinquent under
for a violation of a violent crime law specified in s. 939.632 (1) (e) in a school zone, as defined in s. 939.632 (1) (d), the court may require that the juvenile participate for 100 hours in a supervised work program under sub. (5g) or perform 100 hours of other community service work.
(b) The court shall may not impose the requirement under par. (a) if the court determines that the person
juvenile would pose a threat to public safety while completing the requirement.
(13t) Graffiti violation. If the juvenile is adjudicated delinquent under for a violation of s. 943.017, the court may require that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under sub. (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is 40.
(14d) Hate violations. In addition to any other disposition imposed under this section, if the juvenile is found to have committed a violation under circumstances in which, if committed by an adult, the adult would be subject to a penalty enhancement under s. 939.645, the court may order any one or more of the following dispositions:
(a) That the juvenile make restitution Restitution under sub. (5).
(b) That the juvenile participate Participation in a supervised work program or other community service work under sub. (5g) or (5m).
(c) That the juvenile participate Participation in a victim-offender mediation program under sub. (5r) or otherwise apologize an other means of apologizing to the victim.
(d) That the juvenile participate Participation in an educational program under sub. (7n) that includes sensitivity training or training in diversity.
(14q) Certain bomb scares and firearm violations. In addition to any other disposition imposed under this section, if the juvenile is found to have violated s. 947.015 and the property involved is owned or leased by the state or any political subdivision of the state, or if the property involved is a school premises, as defined in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235 or 948.605, the court may immediately suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for 2 years. The court shall immediately forward to the department of transportation the notice of suspension, clearly stating that the suspension is for a violation of s. 947.015 involving school premises, or for a violation of s. 941.235 or 948.605. If otherwise eligible, the juvenile is eligible for an occupational license under s. 343.10.
344,389
Section
389. 938.34 (14r) (a) of the statutes is amended to read:
938.34 (14r) (a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court shall suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with the notice of suspension clearly stating that the suspension or revocation is for a violation of ch. 961.
344,390
Section
390. 938.34 (15) (b) of the statutes is amended to read:
938.34 (15) (b) The department of justice shall promulgate rules providing procedures for juveniles to provide specimens under par. (a) and for the transportation of those the specimens to the state crime laboratories under s. 165.77.
344,391
Section
391. 938.34 (16) of the statutes is amended to read:
938.34 (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 or the district attorney or corporation counsel in the county in which the dispositional order was entered 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 dispositional 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 of 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 by a preponderance of the evidence that the juvenile has violated a condition of his or her dispositional order.
Note: In s. 938.34 (16), stats., adds the district attorney and corporation counsel as persons who may notify the court of a violation of the dispositional order when the original dispositional order is stayed.
344,392
Section
392. 938.342 (1d) (intro.) of the statutes is amended to read:
938.342 (1d) Truancy ordinance violations. (intro.) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (1m), the court shall enter an order making one or more of the following dispositions if such a the disposition is authorized by the municipal ordinance:
344,393
Section
393. 938.342 (1g) (intro.) and (b) of the statutes are amended to read:
938.342 (1g) Habitual truancy ordinance violations. (intro.) If the court finds that a person under 18 years of age 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
the disposition is authorized by the municipal ordinance:
(b) Order the person to participate in counseling or a supervised work program or other community service work as described in s. 938.34 (5g). The costs of any such counseling, supervised work program, or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department, community agency, public agency, or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to under an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person.
344,394
Section
394. 938.342 (1g) (f) 1. and 2. of the statutes are amended to read:
938.342 (1g) (f) 1. The chief judge of the judicial administrative district has approved a teen court program established in the person's county of residence and the judge court determines that participation in the teen court program will likely benefit the person and the community.
2. The person admits or pleads no contest in open court, with in the presence of the person's parent, guardian, or legal custodian present, to the allegations that the person violated the municipal ordinance enacted under s. 118.163 (2).
344,395
Section
395. 938.342 (1m), (1r) and (2) of the statutes are amended to read:
938.342 (1m) Orders applicable to parents, guardians, and legal custodians. (a) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the dispositions under sub. (1g), order the person's parent, guardian, or legal custodian to participate in counseling at the parent's, guardian's, or legal custodian's own expense or to attend school with the person, or both, if such a the disposition is authorized by the municipal ordinance.
(am) If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (1m), the court may, as part of the disposition under sub. (1d), order the person's parent or guardian to pay all or part of a forfeiture plus costs assessed under sub. (1d) (b). If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (2), the court may, as part of the dispositions disposition under sub. (1g), order the person's parent or guardian to pay all or part of the costs of any program ordered under sub. (1g) (b) or to pay all or part of a forfeiture plus costs assessed under sub. (1g) (h).
(b) No order to any parent, guardian, or legal custodian under par. (a) or (am) may be entered until the parent, guardian, or legal custodian 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 parent, guardian, or legal custodian 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 parent, guardian, or legal custodian may be represented by counsel and may produce and cross-examine witnesses. Any A parent, guardian, or legal custodian who fails to comply with any order issued by a court under par. (a) or (am) may be proceeded against for contempt of court.
(1r) School attendance condition. If school attendance under sub. (1d) (a) or (1g) (g) is a condition of an order under sub. (1d) or (1g), the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the person is enrolled to notify the court or, if the person is under the supervision of an agency under sub. (1g) (j), the agency that is responsible for supervising the person, within 5 days after any violation of the condition by the person.
(2) School dropout ordinance violation. (a) Except as provided in par. (b), if the court finds that a person is subject to a municipal ordinance enacted under s. 118.163 (2m) (a), the court shall enter an order suspending the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of
attains 18 years of age.
(b) The court may enter an order making any of the dispositions specified under sub. (1g) if the court finds that suspension of the person's operating privilege, as defined in s. 340.01 (40), until the person reaches the age of attains 18 years of age would cause an undue hardship to the person or the person's family.
344,396
Section
396. 938.343 (1) (title) of the statutes is created to read:
938.343 (1) (title) Counseling.
344,397
Section
397. 938.343 (2) of the statutes is amended to read:
938.343 (2) Forfeiture. 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 person under 18 years of age, $50. Any such The 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 more than 2 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
shall return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
344,398
Section
398. 938.343 (2m) (title) of the statutes is created to read:
938.343 (2m) (title) Teen court program.
344,399
Section
399. 938.343 (2m) (a) of the statutes is amended to read:
938.343 (2m) (a) The chief judge of the judicial administrative district has approved a teen court program established in the juvenile's county of residence and the judge court determines that participation in the teen court program will likely benefit the juvenile and the community.
344,400
Section
400. 938.343 (2m) (b) of the statutes is amended to read:
938.343 (2m) (b) The juvenile admits or pleads no contest in open court, with in the presence of the juvenile's parent, guardian or legal custodian present, to the allegations that the juvenile violated the civil law or ordinance.
344,401
Section
401. 938.343 (3) (title) and (3m) (title) of the statutes are created to read:
938.343 (3) (title) Community service work program.
(3m) (title) Youth report center.
344,402
Section
402. 938.343 (4), (5), (6) and (7) of the statutes are amended to read:
938.343 (4) Restitution. 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, either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, 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 An order requiring payment for repairs or restitution shall include a finding that the juvenile alone is financially able to pay or physically able to perform the services, may allow up to the date of the expiration of the order for the payment or for the completion of the services, and may include a schedule for the performance and completion of the services. Objection by If the juvenile objects to the amount of damages claimed shall entitle, the juvenile is entitled to a hearing on the question of damages before the amount of restitution is ordered. Any recovery under this subsection shall be reduced by the amount recovered as restitution for the same act under s. 938.45 (1r) (a).
(5) Boating safety course. If the violation is related to unsafe use of a boat, order the juvenile to attend a boating safety course under s. 30.74 (1). If the juvenile has a valid boating safety certificate at the time that the court imposes sentence the disposition, the court shall permanently revoke the certificate and order the person to obtain a another boating safety certificate of satisfactory completion of a safety course under s. 30.74 (1).
(6) Hunting, trapping, or fishing license suspension. If the violation is of ch. 29, suspension of suspend 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.
(7) Hunter education program. If the violation is related to the unsafe use of firearms, order the juvenile to attend the course under the hunter education program course under s. 29.591.
344,403
Section
403. 938.343 (8) of the statutes is amended to read:
938.343 (8) Snowmobile safety course. If the violation is one under ch. 350 concerning the use of snowmobiles, order the juvenile to attend a snowmobile safety course under s. 350.055.
344,404
Section
404. 938.343 (9) of the statutes is amended to read:
938.343 (9) All-terrain vehicle safety course. 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 attend an all-terrain vehicle safety course.
344,405
Section
405. 938.343 (10) (title) of the statutes is created to read:
938.343 (10) (title) Alcohol or drug assessment, treatment, or education.
344,406
Section
406. 938.344 (2) (title) of the statutes is created to read:
938.344 (2) (title) Underage alcohol possession or possession on school grounds.
344,407
Section
407. 938.344 (2) (a), (b) and (c) of the statutes are amended to read:
938.344 (2) (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).
(b) For a violation committed within 12 months of one 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). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.
(c) 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). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.
344,408
Section
408. 938.344 (2b) (title) of the statutes is created to read:
938.344 (2b) (title) Underage purchase of alcohol or entering licensed premises.
344,409
Section
409. 938.344 (2b) (a), (b) and (c) of the statutes are amended to read:
938.344 (2b) (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).
(b) For a violation committed within 12 months of one previous violation, a forfeiture of not less than $300 nor more than $500 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.
(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500 or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.
344,410
Section
410. 938.344 (2d) (title) of the statutes is created to read:
938.344 (2d) (title) False proof of age.
344,411
Section
411. 938.344 (2d) (a), (b) and (c) of the statutes are amended to read:
