AB443,188,415
938.343
(4) Restitution. If the violation has resulted in damage to the property
16of another, or in actual physical injury to another excluding pain and suffering,
the
17court may order the juvenile to make repairs of the damage to property or reasonable
18restitution for the damage or injury, either in the form of cash payments or, if the
19victim agrees, the performance of services for the victim, or both, if the court, after
20taking into consideration the well-being and needs of the victim, considers it
21beneficial to the well-being and behavior of the juvenile.
Any such An order
22requiring payment for repairs or restitution shall include a finding that the juvenile
23alone is financially able to pay or physically able to perform the services, may allow
24up to the date of the expiration of the order for the payment or for the completion of
25the services
, and may include a schedule for the performance and completion of the
1services.
Objection by If the juvenile
objects to the amount of damages claimed
shall
2entitle, the juvenile
is entitled to a hearing on the question of damages before the
3amount of restitution is ordered. Any recovery under this subsection shall be reduced
4by the amount recovered as restitution for the same act under s. 938.45 (1r) (a).
AB443,188,10
5(5) Boating safety course. If the violation is related to unsafe use of a boat,
6order the juvenile to attend a
boating safety course under s. 30.74 (1). If the juvenile
7has a valid
boating safety certificate at the time that the court imposes
sentence the
8disposition, the court shall
permanently revoke the certificate and order the person
9to obtain
a another boating safety certificate
of satisfactory completion of a safety
10course under s. 30.74 (1).
AB443,188,14
11(6) Hunting, trapping, or fishing license suspension. If the violation is of ch.
1229,
suspension of suspend the license or licenses of the juvenile issued under that
13chapter for not more than one year or until the juvenile is 18 years of age, whichever
14occurs first.
AB443,188,17
15(7) Hunter education program. If the violation is related to the unsafe use of
16firearms, order the juvenile to attend
the course under the hunter education program
17course under s. 29.591.
AB443, s. 403
18Section
403. 938.343 (8) of the statutes is amended to read:
AB443,188,2119
938.343
(8) Snowmobile safety course. If the violation is one under ch. 350
20concerning the use of snowmobiles, order the juvenile to attend a
snowmobile safety
21course under s. 350.055.
AB443, s. 404
22Section
404. 938.343 (9) of the statutes is amended to read:
AB443,189,223
938.343
(9) All-terrain vehicle safety course. If the violation is one under
24s. 23.33 or under an ordinance enacted in conformity with s. 23.33 concerning the use
1of all-terrain vehicles, order the juvenile to
enroll and participate in attend an
2all-terrain vehicle safety course.
AB443, s. 405
3Section
405. 938.343 (10) (title) of the statutes is created to read:
AB443,189,44
938.343
(10) (title)
Alcohol or drug assessment, treatment, or education.
AB443, s. 406
5Section
406. 938.344 (2) (title) of the statutes is created to read:
AB443,189,76
938.344
(2) (title)
Underage alcohol possession or possession on school
7grounds.
AB443, s. 407
8Section
407. 938.344 (2) (a), (b) and (c) of the statutes are amended to read:
AB443,189,129
938.344
(2) (a) For a first violation, a forfeiture of not more than $50,
10suspension of the juvenile's operating privilege
as provided under s. 343.30 (6) (b) 1.
, 11or
the juvenile's participation in a supervised work program or other community
12service work under s. 938.34 (5g).
AB443,189,1813
(b) For a violation committed within 12 months of one previous violation, a
14forfeiture of not more than $100 or
the juvenile's participation in a supervised work
15program or other community service work under s. 938.34 (5g). In addition, the
16juvenile's operating privilege may be suspended
as provided under s. 343.30 (6) (b)
172., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's
18operating privilege shall be suspended
as provided under s. 343.30 (6) (b) 2.
AB443,189,2419
(c) For a violation committed within 12 months of 2 or more previous violations,
20a forfeiture of not more than $500 or
the juvenile's participation in a supervised work
21program or other community service work under s. 938.34 (5g). In addition, the
22juvenile's operating privilege may be suspended
as provided under s. 343.30 (6) (b)
233., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's
24operating privilege shall be suspended
as provided under s. 343.30 (6) (b) 3.
AB443, s. 408
25Section
408. 938.344 (2b) (title) of the statutes is created to read:
AB443,190,2
1938.344
(2b) (title)
Underage purchase of alcohol or entering licensed
2premises.
AB443, s. 409
3Section
409. 938.344 (2b) (a), (b) and (c) of the statutes are amended to read:
AB443,190,74
938.344
(2b) (a) For a first violation, a forfeiture of not less than $250 nor more
5than $500, suspension of the juvenile's operating privilege
as provided under s.
6343.30 (6) (b) 1.
, or
the juvenile's participation in a supervised work program or other
7community service work under s. 938.34 (5g).
AB443,190,138
(b) For a violation committed within 12 months of one previous violation, a
9forfeiture of not less than $300 nor more than $500 or
the juvenile's participation in
10a supervised work program or other community service work under s. 938.34 (5g).
11In addition, the juvenile's operating privilege may be suspended
as provided under
12s. 343.30 (6) (b) 2., except that if the violation involved a motor vehicle the juvenile's
13operating privilege shall be suspended
as provided under s. 343.30 (6) (b) 2.
AB443,190,1914
(c) For a violation committed within 12 months of 2 or more previous violations,
15a forfeiture of $500 or
the juvenile's participation in a supervised work program or
16other community service work under s. 938.34 (5g). In addition, the juvenile's
17operating privilege may be suspended
as provided under s. 343.30 (6) (b) 3., except
18that if the violation involved a motor vehicle the juvenile's operating privilege shall
19be suspended
as provided under s. 343.30 (6) (b) 3.
AB443, s. 410
20Section
410. 938.344 (2d) (title) of the statutes is created to read:
AB443,190,2121
938.344
(2d) (title)
False proof of age.
AB443, s. 411
22Section
411. 938.344 (2d) (a), (b) and (c) of the statutes are amended to read:
AB443,191,223
938.344
(2d) (a) For a first violation, a forfeiture of not less than $100 nor more
24than $500, suspension of the juvenile's operating privilege
as provided under s.
1343.30 (6) (b) 1.
, or
the juvenile's participation in a supervised work program or other
2community service work under s. 938.34 (5g).
AB443,191,73
(b) For a violation committed within 12 months of a previous violation, a
4forfeiture of not less than $300 nor more than $500, suspension of the juvenile's
5operating privilege
as provided under s. 343.30 (6) (b) 2.
, or
the juvenile's 6participation in a supervised work program or other community service work under
7s. 938.34 (5g).
AB443,191,118
(c) For a violation committed within 12 months of 2 or more previous violations,
9a forfeiture of $500, suspension of the juvenile's operating privilege
as provided 10under s. 343.30 (6) (b) 3.
, or
the juvenile's participation in a supervised work program
11or other community service work under s. 938.34 (5g).
AB443, s. 412
12Section
412. 938.344 (2e) (title) of the statutes is created to read:
AB443,191,1313
938.344
(2e) (title)
Drug paraphernalia violation.
AB443, s. 413
14Section
413. 938.344 (2e) (a) 1., 2. and 3., (b) and (c) of the statutes are
15amended to read:
AB443,191,1816
938.344
(2e) (a) 1. For a first violation, a forfeiture of not more than $50 or
the
17juvenile's participation in a supervised work program or other community service
18work under s. 938.34 (5g) or both.
AB443,191,2119
2. For a violation committed within 12 months of a previous violation, a
20forfeiture of not more than $100 or
the juvenile's participation in a supervised work
21program or other community service work under s. 938.34 (5g) or both.
AB443,191,2422
3. For a violation committed within 12 months of 2 or more previous violations,
23a forfeiture of not more than $500 or
the juvenile's participation in a supervised work
24program or other community service work under s. 938.34 (5g) or both.
AB443,192,6
1(b) Whenever a court suspends a juvenile's operating privilege under this
2subsection, the court shall immediately take possession of any suspended license and
3forward it to the department of transportation, together with the notice of
4suspension
clearly stating that the suspension is for a violation under s. 961.573 (2),
5961.574 (2)
, or 961.575 (2), or a local ordinance that strictly conforms to one of those
6statutes.
AB443,192,117
(c) If the juvenile's license or operating privilege is currently suspended or
8revoked or the juvenile does not currently possess a valid operator's license
issued 9under ch. 343, the suspension under this subsection is effective on the date on which
10the juvenile is first eligible and applies for issuance or reinstatement of an operator's
11license under ch. 343.
AB443, s. 414
12Section
414. 938.344 (2g) (title) of the statutes is created to read:
AB443,192,1313
938.344
(2g) (title)
Stay of order.
AB443, s. 415
14Section
415. 938.344 (2g) (a) 1. and 4. a. and b. and (d) of the statutes are
15amended to read:
AB443,192,2016
938.344
(2g) (a) 1. Submit to an alcohol and other drug abuse assessment that
17conforms to the criteria
specified under s. 938.547 (4) and that is conducted by an
18approved treatment facility. The order shall designate an approved treatment
19facility to conduct the alcohol and other drug abuse assessment and shall specify the
20date by which the assessment must be completed.
AB443,192,2421
4. a. The chief judge of the judicial administrative district has approved a teen
22court program established in the juvenile's county of residence and the
judge court 23determines that participation in the teen court program will likely benefit the
24juvenile and the community.
AB443,193,3
1b. The juvenile admits or pleads no contest in open court,
with in the presence
2of the juvenile's parent, guardian or legal custodian
present, to the allegations that
3the juvenile committed the violation specified in sub. (2), (2b), (2d) or (2e).
AB443,193,134
(d) If an approved treatment facility, court-approved pupil assistance program
, 5or court-approved alcohol or other drug abuse education program, with the written
6informed consent of the juvenile or, if the juvenile has not attained the age of 12, the
7written informed consent of the juvenile's parent, notifies the agency primarily
8responsible for providing services to the juvenile that a juvenile is not participating,
9or has not satisfactorily completed, a recommended alcohol or other drug abuse
10treatment program, a court-approved pupil assistance program
, or a
11court-approved alcohol or other drug abuse education program, the court shall hold
12a hearing to determine whether
to impose the penalties under sub. (2), (2b), (2d)
, or
13(2e)
should be imposed.
AB443, s. 416
14Section
416. 938.344 (2m) (title) and (3) (title) of the statutes are created to
15read:
AB443,193,1616
938.344
(2m) (title)
Counting violations.
AB443,193,17
17(3) (title)
Prosecution in adult court.
AB443, s. 417
18Section
417. 938.345 (1) (intro.), (a), (d), (e) and (g) of the statutes are amended
19to read:
AB443,193,2320
938.345
(1) Dispositional order. (intro.) If the court finds that the juvenile
21is in need of protection or services, the court shall enter an order
deciding including 22one or more of the dispositions
of the case as provided in under s. 938.34 under a care
23and treatment plan except that the order may not do any of the following:
AB443,194,3
1(a) Place the juvenile in the serious juvenile offender program
, or a secured 2juvenile correctional facility
, a secured child caring institution or a secured
group
3home residential care center for children and youth.
AB443,194,54
(d) Restrict
, or suspend
or revoke the driving privileges of the juvenile, except
5as provided under sub. (2).
AB443,194,106
(e) Place any juvenile not
specifically found under
chs. ch. 46, 49, 51, 115
and,
7or 880 to
be developmentally disabled or mentally ill have a developmental disability
8or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in
9facilities which a facility that exclusively
treat treats one or more of those categories
10of juveniles.
AB443,194,1211
(g)
Order Place the juvenile
into in a juvenile detention
facility or juvenile
12portion 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).
AB443, s. 418
13Section
418. 938.345 (2) of the statutes is amended to read:
AB443,194,2114
938.345
(2) School dropouts and habitual truants. If the court finds that a
15juvenile is in need of protection or services based on the fact that the juvenile is a
16school dropout, as defined in s. 118.153 (1) (b), or based on habitual truancy, and the
17court also finds that
the reason the juvenile has dropped out of school or is a habitual
18truant
is as a result of the juvenile's intentional refusal to attend school rather than
19the failure of any other person to comply with s. 118.15 (1) (a), the court, instead of
20or in addition to any other disposition imposed under sub. (1), may enter an order
21permitted under s. 938.342.
AB443, s. 419
22Section
419. 938.345 (3) (title) of the statutes is created to read:
AB443,194,2323
938.345
(3) (title)
Sex offender registration.
AB443, s. 420
1Section
420. 938.345 (3) (a) (intro.) and (c) of the statutes are amended to read:
AB443,195,102
938.345
(3) (a) (intro.) If the court finds that a juvenile is in need of protection
3or services on the basis of a violation, or the solicitation, conspiracy, or attempt to
4commit a violation, under ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the
5court may require the juvenile to comply with the reporting requirements under s.
6301.45 if the court determines that the underlying conduct was sexually motivated,
7as defined in s. 980.01 (5), and that it
would be
is in the interest of public protection
8to have the juvenile report under s. 301.45. In determining whether it
would be is 9in the interest of public protection to have the juvenile report under s. 301.45, the
10court may consider any of the following:
AB443,195,1611
(c) If the court orders a juvenile to comply with the reporting requirements
12under s. 301.45, the clerk of the court in which the order is entered shall promptly
13forward a copy of the order to the department
of corrections. If the finding of need
14of protection or services on which the order is based is reversed, set aside
, or vacated,
15the clerk of the court shall promptly forward to the department
of corrections a
16certificate stating that the finding has been reversed, set aside or vacated.
AB443, s. 421
17Section
421. 938.346 (1) (title) of the statutes is created to read:
AB443,195,1818
938.346
(1) (title)
Information to victims.
AB443, s. 422
19Section
422. 938.346 (1) (a) of the statutes is amended to read:
AB443,195,2120
938.346
(1) (a) The procedures under s. 938.396
(1r) and (6) (1) (c) 5. and 6. for
21obtaining the identity of the juvenile and the juvenile's parents.
AB443, s. 423
22Section
423. 938.346 (1) (b) of the statutes is amended to read:
AB443,195,2423
938.346
(1) (b) The procedure under s. 938.396
(1r) (1) (c) 5. for obtaining the
24juvenile's police records.
AB443, s. 424
25Section
424. 938.346 (1) (d) 2. of the statutes is amended to read:
AB443,196,2
1938.346
(1) (d) 2. The procedure
the victim may follow for obtaining the
2information in subd. 1.
AB443, s. 425
3Section
425. 938.346 (1m) and (2) of the statutes are amended to read:
AB443,196,184
938.346
(1m) Duties of intake workers and district attorneys. The intake
5worker shall make a reasonable attempt to provide notice of the information
6specified in under sub. (1) (a), (b), (c)
, and (h), the information
specified in under sub.
7(1) (d) relating to a deferred prosecution agreement under s. 938.245, the information
8specified in under sub. (1) (em) relating to the right to confer, if requested, on deferred
9prosecution agreements and the information
specified in under sub. (3) if the
10juvenile's case is closed. The district attorney or corporation counsel shall make a
11reasonable attempt to provide notice of the information
specified in under sub. (1) (e),
12(ec), (f), (fm)
, and (g), the information
specified in under sub. (1) (d) relating to a
13consent decree under s. 938.32 or a dispositional order under ss. 938.34 to 938.345,
14the information
specified in under sub. (1) (em) relating to the right to request an
15opportunity to confer, if requested, on amendment of petitions, consent decrees and
16disposition recommendations and the information under sub. (3) if he or she decides
17not to file a petition or the proceeding is terminated without a consent decree or
18dispositional order after the filing of a petition.
AB443,196,22
19(2) Restrictions on disclosure of information. The notice under sub. (1) shall
20include an explanation of the restrictions on
divulging disclosing information
21obtained under this chapter and the penalties for
violations violating the
22restrictions.
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).
AB443, s. 426
1Section
426. 938.346 (3) (title), (4) (title) and (5) (title) of the statutes are
2created to read:
AB443,197,33
938.346
(3) (title)
Closed cases.
AB443,197,4
4(4) (title)
Child victims.
AB443,197,5
5(5) (title)
Court policies and rules.
AB443, s. 427
6Section
427. 938.35 (1) (title) of the statutes is created to read:
AB443,197,77
938.35
(1) (title)
Effect and admissibility of judgment.
AB443, s. 428
8Section
428. 938.35 (1m) and (2) of the statutes are amended to read:
AB443,197,149
938.35
(1m) Future criminal proceedings barred. Disposition by the court
10assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
11under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
12in criminal court when the juvenile
reaches the age of
attains 17
years of age. This
13paragraph does not affect proceedings in criminal court
which that have been
14transferred under s. 938.18.
AB443,197,18
15(2) Court disclosure of information. Except
as specifically provided in under 16sub. (1), this section does not preclude the court from disclosing information to
17qualified persons if the court considers the disclosure to be in the best interests of the
18juvenile or of the administration of justice.
AB443, s. 429
19Section
429. 938.355 (1) of the statutes is amended to read:
AB443,198,520
938.355
(1) Intent. In any order under s. 938.34 or 938.345, the court shall
21decide on a placement and treatment finding based on evidence submitted to the
22court. The disposition shall employ those means necessary to promote the objectives
23specified in under s. 938.01. If the
judge court has determined that any of the
24conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, that determination shall
25be prima facie evidence that a less restrictive alternative than placement in a
1secured juvenile correctional facility
, a secured child caring institution, or a secured
2group home residential care center for children and youth is not appropriate. If
3information under s. 938.331 has been provided in a court report under s. 938.33 (1),
4the court shall consider that information when deciding on a placement and
5treatment finding.
AB443, s. 430
6Section
430. 938.355 (2) (b) 1., 1m., 4m., 5., 6. and 6r. of the statutes are
7amended to read:
AB443,198,138
938.355
(2) (b) 1. The specific services or continuum of services to be provided
9to the juvenile and
the juvenile's family, the identity of the agencies
which that are
10to be primarily responsible for the provision of the services
mandated by the court,
11the identity of the person or agency
who that will provide case management or
12coordination of services, if any, and, if custody is to be transferred to effect the
13treatment plan, the identity of the legal custodian.
AB443,198,1914
1m. A notice that the juvenile's parent, guardian
, or legal custodian or the
15juvenile, if 14 years of age or
over older, may request an agency that is providing care
16or services for the juvenile or that has legal custody of the juvenile to disclose to, or
17make available for inspection by, the parent, guardian, legal custodian
, or juvenile
18the contents of any record kept or information received by the agency about the
19juvenile as provided in s. 938.78 (2) (ag).
AB443,199,420
4m. If the juvenile is placed outside the home and if the juvenile's parent has
21not
already provided a statement of
the income, assets, debts
, and living expenses
22of the juvenile and the juvenile's parent to the county department under s. 938.30 (6)
23(b) or (c) or 938.31 (7) (b) or (c), an order for the parent to provide that statement to
24the county department by a date specified by the court. The county department shall
25provide, without charge, to the parent a form on which to provide that statement, and
1the parent shall provide that statement on
that the form. The county department
2shall use the information
provided in the statement to determine whether the
3department may claim federal foster care and adoption assistance reimbursement
4under
42 USC 670 to
679a for the cost of providing care for the juvenile.
AB443,199,75
5. For a juvenile placed outside his or her home
pursuant to under an order
6under s. 938.34 (3) or 938.345, a permanency plan under s. 938.38 if one has been
7prepared.
AB443,200,48
6. If the juvenile is placed outside the home, a finding that continued placement
9of the juvenile in his or her home would be contrary to the welfare of the juvenile or,
10if the juvenile has been adjudicated delinquent and is placed outside the home under
11s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence
12will not safeguard the welfare of the juvenile or the community due to the serious
13nature of the act for which the juvenile was adjudicated delinquent. The court order
14shall also contain a finding as to whether the county department or the agency
15primarily responsible for providing services under a court order has made reasonable
16efforts to prevent the removal of the juvenile from the home, while assuring that the
17juvenile's health and safety are the paramount concerns, unless the court finds that
18any of the circumstances
specified in under sub. (2d) (b) 1. to 4. applies, and a finding
19as to whether the county department or agency has made reasonable efforts to
20achieve the goal of the juvenile's permanency plan, unless return of the juvenile to
21the home is the goal of the permanency plan and the court finds that any of the
22circumstances
specified in under sub. (2d) (b) 1. to 4. applies. The court shall make
23the findings specified in this subdivision on a case-by-case basis based on
24circumstances specific to the juvenile and shall document or reference the specific
25information on which those findings are based in the court order. A court order that
1merely references this subdivision without documenting or referencing that specific
2information in the court order or an amended court order that retroactively corrects
3an earlier court order that does not comply with this subdivision is not sufficient to
4comply with this subdivision.