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.
344,419
Section
419. 938.345 (3) (title) of the statutes is created to read:
938.345 (3) (title) Sex offender registration.
344,420
Section
420. 938.345 (3) (a) (intro.) and (c) of the statutes are amended to read:
938.345 (3) (a) (intro.) If the court finds that a juvenile is in need of protection or services on the basis of a violation, or the solicitation, conspiracy, or attempt to commit a violation, under ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be is in the interest of public protection to have the juvenile report under s. 301.45. In determining whether it would be is in the interest of public protection to have the juvenile report under s. 301.45, the court may consider any of the following:
(c) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of need of protection or services on which the order is based is reversed, set aside, or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.
344,421
Section
421. 938.346 (1) (title) of the statutes is created to read:
938.346 (1) (title) Information to victims.
344,422
Section
422. 938.346 (1) (a) of the statutes is amended to read:
938.346 (1) (a) The procedures under s. 938.396 (1r) and (6) (1) (c) 5. and 6. for obtaining the identity of the juvenile and the juvenile's parents.
344,423
Section
423. 938.346 (1) (b) of the statutes is amended to read:
938.346 (1) (b) The procedure under s. 938.396 (1r) (1) (c) 5. for obtaining the juvenile's police records.
344,424
Section
424. 938.346 (1) (d) 2. of the statutes is amended to read:
938.346 (1) (d) 2. The procedure the victim may follow for obtaining the information in subd. 1.
344,425
Section
425. 938.346 (1m) and (2) of the statutes are amended to read:
938.346 (1m) Duties of intake workers and district attorneys. The intake worker shall make a reasonable attempt to provide notice of the information specified in under sub. (1) (a), (b), (c), and (h), the information specified in under sub. (1) (d) relating to a deferred prosecution agreement under s. 938.245, the information specified in under sub. (1) (em) relating to the right to confer, if requested, on deferred prosecution agreements and the information specified in under sub. (3) if the juvenile's case is closed. The district attorney or corporation counsel shall make a reasonable attempt to provide notice of the information specified in
under sub. (1) (e), (ec), (f), (fm), and (g), the information specified in under sub. (1) (d) relating to a consent decree under s. 938.32 or a dispositional order under ss. 938.34 to 938.345, the information specified in under sub. (1) (em) relating to the right to request an opportunity to confer, if requested, on amendment of petitions, consent decrees and disposition recommendations and the information under sub. (3) if he or she decides not to file a petition or the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.
(2) Restrictions on disclosure of information. The notice under sub. (1) shall include an explanation of the restrictions on divulging disclosing information obtained under this chapter and the penalties for violations violating the restrictions.
Note: Requires, in s. 938.346 (1m), stats., the district attorney or corporation counsel to provide notice to a victim of how to request testing for communicable diseases of a juvenile who is alleged to have thrown or expelled a bodily substance at another in violation of s. 946.43 (2m).
344,426
Section
426. 938.346 (3) (title), (4) (title) and (5) (title) of the statutes are created to read:
938.346 (3) (title) Closed cases.
(4) (title) Child victims.
(5) (title) Court policies and rules.
344,427
Section
427. 938.35 (1) (title) of the statutes is created to read:
938.35 (1) (title) Effect and admissibility of judgment.
344,428
Section
428. 938.35 (1m) and (2) of the statutes are amended to read:
938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile reaches the age of attains 17 years of age. This paragraph does not affect proceedings in criminal court which
that have been transferred under s. 938.18.
(2) Court disclosure of information. Except as specifically provided in under sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the juvenile or of the administration of justice.
