2005 Wisconsin Act 344

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:

938.344 (2d) (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).

(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).

(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, suspension 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).

344,412 Section 412. 938.344 (2e) (title) of the statutes is created to read:

938.344 (2e) (title) Drug paraphernalia violation.

344,413 Section 413. 938.344 (2e) (a) 1., 2. and 3., (b) and (c) of the statutes are amended to read:

938.344 (2e) (a) 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.

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.

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.

(b) Whenever a court suspends a juvenile's operating privilege under this subsection, 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 is for a violation under s. 961.573 (2), 961.574 (2), or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes.

(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 under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance or reinstatement of an operator's license under ch. 343.

344,414 Section 414. 938.344 (2g) (title) of the statutes is created to read:

938.344 (2g) (title) Stay of order.

344,415 Section 415. 938.344 (2g) (a) 1. and 4. a. and b. and (d) of the statutes are amended to read:

938.344 (2g) (a) 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.

4. 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.

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 committed the violation specified in sub. (2), (2b), (2d) or (2e).

(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 to impose the penalties under sub. (2), (2b), (2d), or (2e) should be imposed.

344,416 Section 416. 938.344 (2m) (title) and (3) (title) of the statutes are created to read:

938.344 (2m) (title) Counting violations.

(3) (title) Prosecution in adult court.

344,417 Section 417. 938.345 (1) (intro.), (a), (d), (e) and (g) of the statutes are amended to read:

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

(a) Place the juvenile in the serious juvenile offender program, or a secured juvenile correctional facility, a secured child caring institution or a secured group home residential care center for children and youth.

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

(e) Place any juvenile not specifically found under chs. ch. 46, 49, 51, 115 and, or 880 to be developmentally disabled or mentally ill have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in facilities which a facility that exclusively treat treats one or more of those categories of juveniles.

(g) Order Place the juvenile into in a juvenile detention facility or juvenile portion of a county jail or in nonsecure custody under s. 938.34 (3) (f).

Note: In s. 938.345 (1) (d), stats., removes revocation of a juvenile's driving privileges as a JIPS disposition to be consistent with the parallel delinquency disposition under s. 938.34 (14m).

344,418 Section 418. 938.345 (2) of the statutes is amended to read:

938.345 (2) School dropouts and habitual truants. 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 as 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.