AB455,8,3
1938.245 (2t) (e) If the act for which the deferred prosecution agreement is
2entered into has resulted in bodily injury, the deferred prosecution agreement may
3require that the juvenile do any one or more of the following:
AB455,8,64 1. Pay an amount equal to the cost of necessary medical and related
5professional services and devices relating to physical, psychiatric and psychological
6care and treatment.
AB455,8,87 2. Pay an amount equal to the cost of necessary physical and occupational
8therapy and rehabilitation.
AB455,8,109 3. Reimburse the injured person for income lost as a result of the act for which
10the deferred prosecution agreement is entered into.
AB455,8,1311 4. If the injured person's sole employment at the time of the injury was
12performing the duties of a homemaker, pay an amount sufficient to ensure that the
13duties are continued until the person is able to resume performance of the duties.
AB455, s. 15 14Section 15. 938.245 (2t) (f) of the statutes is created to read:
AB455,8,1815 938.245 (2t) (f) If the act for which the deferred prosecution agreement is
16entered into has resulted in death, the deferred prosecution agreement may require
17that the juvenile pay an amount equal to the cost of necessary funeral and related
18services under s. 895.04 (5).
AB455, s. 16 19Section 16. 938.245 (2t) (g) of the statutes is created to read:
AB455,9,220 973.20 (2t) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05,
21948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the deferred prosecution
22agreement may require that the juvenile pay an amount, not to exceed $10,000, equal
23to the cost of necessary professional services relating to psychiatric and psychological
24care and treatment. The $10,000 limit under this paragraph does not apply to the

1amount of any restitution agreed to under par. (e) or (h) for the cost of necessary
2professional services relating to psychiatric and psychological care and treatment.
AB455, s. 17 3Section 17. 938.245 (2t) (h) of the statutes is created to read:
AB455,9,54 938.245 (2t) (h) In any case, the deferred prosecution agreement may require
5that the juvenile do any one or more of the following:
AB455,9,96 1. Pay all special damages, but not general damages, substantiated by evidence
7in the record, which could be recovered in a civil action against the juvenile for his
8or her conduct in the commission of the act for which the deferred prosecution
9agreement is entered into.
AB455,9,1310 2. Pay an amount equal to the income lost, and reasonable out-of-pocket
11expenses incurred, by the person against whom the act for which the deferred
12prosecution agreement is entered into was committed resulting from cooperating in
13the investigation and prosecution of the act.
AB455,9,1614 3. Reimburse any person or agency for amounts paid as rewards for
15information leading to the apprehension of the juvenile for the act for which the
16deferred prosecution agreement is entered into.
AB455,9,1817 4. If justice so requires, reimburse any insurer, surety or other person who has
18compensated a victim for a loss otherwise compensable under this subsection.
AB455, s. 18 19Section 18. 938.245 (5) of the statutes is amended to read:
AB455,9,2420 938.245 (5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., 2. or
216., (2d), (2f), (2g), (2m), (2t) or (2x)
may be terminated upon the request of the
22juvenile, parent, guardian or legal custodian. A deferred prosecution agreement
23under sub. (2) (a) 9. may be terminated by the court upon the request of the juvenile,
24parent, guardian or legal custodian.
AB455, s. 19
1Section 19. 938.32 (1t) (a) 1. and 3. of the statutes are renumbered 938.32 (1t)
2(a) and (c) and amended to read:
AB455,10,183 938.32 (1t) (a) Subject to subd. 3., if If the petition alleges that the juvenile
4committed a delinquent act that has resulted in damage to or loss or destruction of
5the property of another, or in actual physical in bodily injury to another excluding
6pain and suffering or in death and if the judge or juvenile court commissioner, after
7taking into consideration the well-being and needs of the victim, considers it
8beneficial to the well-being and behavior of the juvenile
, the judge or juvenile court
9commissioner may require the juvenile, as a condition of the consent decree, to repair
10the damage to property or, subject to par. (c), to make reasonable restitution for the
11damage or, injury if the judge or juvenile court commissioner, after taking into
12consideration the well-being and needs of the victim, considers it beneficial to the
13well-being and behavior of the juvenile
or death as provided in pars. (d) to (h). Any
14consent decree that includes a condition of restitution shall include a finding that the
15juvenile alone is financially able to pay and may allow up to the date of the expiration
16of the consent decree for the payment. Objection by the juvenile to the amount of
17damages claimed shall entitle the juvenile to a hearing on the question of damages
18before the amount of restitution is made part of the consent decree.
AB455,10,2119 (c) Under this paragraph subsection, a judge or juvenile court commissioner
20may not order a juvenile who is under 14 years of age to make more than $250 in
21restitution.
AB455, s. 20 22Section 20. 938.32 (1t) (a) 2. of the statutes is renumbered 938.32 (1t) (b).
AB455, s. 21 23Section 21. 938.32 (1t) (b) of the statutes is renumbered 938.32 (1v).
AB455, s. 22 24Section 22. 938.32 (1t) (d) of the statutes is created to read:
AB455,11,5
1938.32 (1t) (d) If the delinquent act resulted in damage to or loss or destruction
2of property, the consent decree may require the juvenile to return the property to the
3owner or the owner's designee or, if return of the property is impossible, impractical
4or inadequate, pay the owner or the owner's designee the reasonable repair or
5replacement cost of the property or the greater of the following:
AB455,11,66 1. The value of the property on the date of its damage, loss or destruction.
AB455,11,97 2. The value of the property on the date of the consent decree, less the value
8of any part of the property returned as of the date of its return. The value of any retail
9merchandise shall be its retail value.
AB455, s. 23 10Section 23. 938.32 (1t) (e) of the statutes is created to read:
AB455,11,1211 938.32 (1t) (e) If the delinquent act resulted in bodily injury, the consent decree
12may require that the juvenile do any one or more of the following:
AB455,11,1513 1. Pay an amount equal to the cost of necessary medical and related
14professional services and devices relating to physical, psychiatric and psychological
15care and treatment.
AB455,11,1716 2. Pay an amount equal to the cost of necessary physical and occupational
17therapy and rehabilitation.
AB455,11,1918 3. Reimburse the injured person for income lost as a result of the delinquent
19act.
AB455,11,2220 4. If the injured person's sole employment at the time of the injury was
21performing the duties of a homemaker, pay an amount sufficient to ensure that the
22duties are continued until the person is able to resume performance of the duties.
AB455, s. 24 23Section 24. 938.32 (1t) (f) of the statutes is created to read:
AB455,12,3
1938.32 (1t) (f) If the delinquent act resulted in death, the consent decree may
2require that the juvenile pay an amount equal to the cost of necessary funeral and
3related services under s. 895.04 (5).
AB455, s. 25 4Section 25. 938.32 (1t) (g) of the statutes is created to read:
AB455,12,115 938.32 (1t) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05,
6948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the consent decree may require
7that the juvenile pay an amount, not to exceed $10,000, equal to the cost of necessary
8professional services relating to psychiatric and psychological care and treatment.
9The $10,000 limit under this paragraph does not apply to the amount of any
10restitution ordered under par. (e) or (h) for the cost of necessary professional services
11relating to psychiatric and psychological care and treatment.
AB455, s. 26 12Section 26. 938.32 (1t) (h) of the statutes is created to read:
AB455,12,1413 938.32 (1t) (h) In any case, the consent decree may require that the juvenile
14do any one or more of the following:
AB455,12,1715 1. Pay all special damages, but not general damages, substantiated by evidence
16in the record, which could be recovered in a civil action against the juvenile for his
17or her conduct in the commission of the delinquent act.
AB455,12,2118 2. Pay an amount equal to the income lost, and reasonable out-of-pocket
19expenses incurred, by the person against whom the delinquent act was committed
20resulting from the filing of charges or cooperating in the investigation and
21prosecution of the delinquent act.
AB455,12,2422 3. Reimburse any person or agency for amounts paid as rewards for
23information leading to the apprehension or successful prosecution of the juvenile for
24the delinquent act.
AB455,13,2
14. If justice so requires, reimburse any insurer, surety or other person who has
2compensated a victim for a loss otherwise compensable under this subsection.
AB455, s. 27 3Section 27. 938.34 (5) (a) of the statutes is amended to read:
AB455,13,174 938.34 (5) (a) Subject to par. (c), if If the juvenile is found to have committed
5a delinquent act which has resulted in damage to or loss or destruction of the
6property of another, or actual physical in bodily injury to another excluding pain and
7suffering, or in death and if the court, after taking into consideration the well-being
8and needs of the victim, considers it beneficial to the well-being and behavior of the
9juvenile, the court may
order the juvenile to repair the damage to property or, subject
10to par. (c),
to make reasonable restitution for the damage or, injury if the court, after
11taking into consideration the well-being and needs of the victim, considers it
12beneficial to the well-being and behavior of the juvenile
or death as provided in pars.
13(d) to (h)
. Any such order shall include a finding that the juvenile alone is financially
14able to pay and may allow up to the date of the expiration of the order for the
15payment. Objection by the juvenile to the amount of damages claimed shall entitle
16the juvenile to a hearing on the question of damages before the amount of restitution
17is ordered.
AB455, s. 28 18Section 28. 938.34 (5) (d) of the statutes is created to read:
AB455,13,2419 938.34 (5) (d) If a delinquent act considered at disposition resulted in damage
20to or loss or destruction of property, the restitution order may require the juvenile
21to return the property to the owner or the owner's designee or, if return of the
22property is impossible, impractical or inadequate, pay the owner or the owner's
23designee the reasonable repair or replacement cost of the property or the greater of
24the following:
AB455,13,2525 1. The value of the property on the date of its damage, loss or destruction.
AB455,14,3
12. The value of the property on the date of disposition, less the value of any part
2of the property returned as of the date of its return. The value of any retail
3merchandise shall be its retail value.
AB455, s. 29 4Section 29. 938.34 (5) (e) of the statutes is created to read:
AB455,14,75 938.34 (5) (e) If a delinquent act considered at disposition resulted in bodily
6injury, the restitution order may require that the juvenile do any one or more of the
7following:
AB455,14,108 1. Pay an amount equal to the cost of necessary medical and related
9professional services and devices relating to physical, psychiatric and psychological
10care and treatment.
AB455,14,1211 2. Pay an amount equal to the cost of necessary physical and occupational
12therapy and rehabilitation.
AB455,14,1413 3. Reimburse the injured person for income lost as a result of a delinquent act
14considered at disposition.
AB455,14,1715 4. If the injured person's sole employment at the time of the injury was
16performing the duties of a homemaker, pay an amount sufficient to ensure that the
17duties are continued until the person is able to resume performance of the duties.
AB455, s. 30 18Section 30. 938.34 (5) (f) of the statutes is created to read:
AB455,14,2119 938.34 (5) (f) If a delinquent act considered at disposition resulted in death, the
20restitution order may require that the juvenile pay an amount equal to the cost of
21necessary funeral and related services under s. 895.04 (5).
AB455, s. 31 22Section 31. 938.34 (5) (g) of the statutes is created to read:
AB455,15,423 938.34 (5) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05,
24948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the restitution order may
25require that the juvenile pay an amount, not to exceed $10,000, equal to the cost of

1necessary professional services relating to psychiatric and psychological care and
2treatment. The $10,000 limit under this paragraph does not apply to the amount of
3any restitution ordered under par. (e) or (h) for the cost of necessary professional
4services relating to psychiatric and psychological care and treatment.
AB455, s. 32 5Section 32. 938.34 (5) (h) of the statutes is created to read:
AB455,15,76 938.34 (5) (h) In any case, the restitution order may require that the juvenile
7do any one or more of the following:
AB455,15,108 1. Pay all special damages, but not general damages, substantiated by evidence
9in the record, which could be recovered in a civil action against the juvenile for his
10or her conduct in the commission of a delinquent act considered at disposition.
AB455,15,1411 2. Pay an amount equal to the income lost, and reasonable out-of-pocket
12expenses incurred, by the person against whom a delinquent act considered at
13disposition was committed resulting from the filing of charges or cooperating in the
14investigation and prosecution of the delinquent act.
AB455,15,1915 3. Reimburse any person or agency for amounts paid as rewards for
16information leading to the apprehension or successful prosecution of the juvenile for
17a delinquent act for which the juvenile was adjudicated delinquent or to the
18apprehension or prosecution of the juvenile for a delinquent act that was read into
19the record and dismissed at the time of adjudication.
AB455,15,2120 4. If justice so requires, reimburse any insurer, surety or other person who has
21compensated a victim for a loss otherwise compensable under this subsection.
AB455, s. 33 22Section 33. 938.343 (4) of the statutes is renumbered 938.343 (4) (a) and
23amended to read:
AB455,16,1224 938.343 (4) (a) If the violation has resulted in damage to or loss or destruction
25of
the property of another, or in actual physical in bodily injury to another excluding

1pain and suffering or in death and if the court, after taking into consideration the
2well-being and needs of the victim, considers it beneficial to the well-being and
3behavior of the juvenile
, the court may order the juvenile to make repairs of the
4damage to property or, subject to par. (c), to make reasonable restitution for the
5damage or, injury if the court, after taking into consideration the well-being and
6needs of the victim, considers it beneficial to the well-being and behavior of the
7juvenile
or death as provided in pars. (d) to (g). Any such order requiring payment
8for repairs or restitution shall include a finding that the juvenile alone is financially
9able to pay and may allow up to the date of the expiration of the order for the
10payment. Objection by the juvenile to the amount of damages claimed shall entitle
11the juvenile to a hearing on the question of damages before the amount of restitution
12is ordered.
AB455, s. 34 13Section 34. 938.343 (4) (b) of the statutes is created to read:
AB455,16,2114 938.343 (4) (b) In addition to any other employment or duties permitted under
15ch. 103 or any rule or order under ch. 103, a juvenile under 14 years of age who is
16participating in a restitution project provided by the county may, for the purpose of
17making restitution ordered by the court under this subsection, be employed or
18perform any duties under any circumstances in which a juvenile 14 or 15 years of age
19is permitted to be employed or perform duties under ch. 103 or any rule or order
20under ch. 103. A juvenile who is participating in a restitution project provided by the
21county is exempt from the permit requirement under s. 103.70 (1).
AB455, s. 35 22Section 35. 938.343 (4) (c) of the statutes is created to read:
AB455,16,2423 938.343 (4) (c) Under this subsection, a court may not order a juvenile who is
24under 14 years of age to make more than $250 in restitution.
AB455, s. 36 25Section 36. 938.343 (4) (d) of the statutes is created to read:
AB455,17,5
1938.343 (4) (d) If the violation resulted in damage to or loss or destruction of
2property, the restitution order may require the juvenile to return the property to the
3owner or the owner's designee or, if return of the property is impossible, impractical
4or inadequate, pay the owner or the owner's designee the reasonable repair or
5replacement cost of the property or the greater of the following:
AB455,17,66 1. The value of the property on the date of its damage, loss or destruction.
AB455,17,97 2. The value of the property on the date of disposition, less the value of any part
8of the property returned as of the date of its return. The value of any retail
9merchandise shall be its retail value.
AB455, s. 37 10Section 37. 938.343 (4) (e) of the statutes is created to read:
AB455,17,1211 938.343 (4) (e) If the violation resulted in bodily injury, the restitution order
12may require that the juvenile do any one or more of the following:
AB455,17,1513 1. Pay an amount equal to the cost of necessary medical and related
14professional services and devices relating to physical, psychiatric and psychological
15care and treatment.
AB455,17,1716 2. Pay an amount equal to the cost of necessary physical and occupational
17therapy and rehabilitation.
AB455,17,1918 3. Reimburse the injured person for income lost as a result of a violation
19considered at disposition.
AB455,17,2220 4. If the injured person's sole employment at the time of the injury was
21performing the duties of a homemaker, pay an amount sufficient to ensure that the
22duties are continued until the person is able to resume performance of the duties.
AB455, s. 38 23Section 38. 938.343 (4) (f) of the statutes is created to read:
AB455,18,3
1938.343 (4) (f) If the violation resulted in death, the restitution order may
2require that the juvenile pay an amount equal to the cost of necessary funeral and
3related services under s. 895.04 (5).
AB455, s. 39 4Section 39. 938.343 (4) (g) of the statutes is created to read:
AB455,18,65 938.343 (4) (g) In any case, the restitution order may require that the juvenile
6do any one or more of the following:
AB455,18,97 1. Pay all special damages, but not general damages, substantiated by evidence
8in the record, which could be recovered in a civil action against the juvenile for his
9or her conduct in the commission of a violation considered at disposition.
AB455,18,1310 2. Pay an amount equal to the income lost, and reasonable out-of-pocket
11expenses incurred, by the person against whom a violation considered at disposition
12was committed resulting from the filing of charges or cooperating in the investigation
13and prosecution of the violation.
AB455,18,1614 3. Reimburse any person or agency for amounts paid as rewards for
15information leading to the apprehension or successful prosecution of the juvenile for
16the violation.
AB455,18,1817 4. If justice so requires, reimburse any insurer, surety or other person who has
18compensated a victim for a loss otherwise compensable under this subsection.
AB455, s. 40 19Section 40. 938.547 (4) of the statutes is amended to read:
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