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:
AB455,19,220 938.547 (4) Assessment criteria. The uniform alcohol and other drug abuse
21assessment criteria that the department developed shall be used in the pilot program
22under ss. 938.245 (2) (a) 3. (2f), 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344
23(2g). An approved treatment facility that assesses a person under ss. 938.245 (2) (a)
243.
(2f), 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g) may not also provide
25the person with treatment unless the department permits the approved treatment

1facility to do both in accordance with the criteria established by rule by the
2department.
AB455, s. 41 3Section 41. Initial applicability.
AB455,19,54 (1) This act first applies to delinquent acts and civil law or ordinance violations
5committed on the effective date of this subsection.
AB455,19,66 (End)
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