c. Reimburse the victim for lost income.
d. If the victim is solely employed as a homemaker, pay an amount sufficient
to ensure that the victim's homemaker duties are continued until the victim is able
to resume those duties.
3. If the juvenile's act has resulted in death, the juvenile or parent may be
required to pay the cost of the victim's funeral expenses, including the cost of a
cemetery lot, grave marker and care of the lot.
4. If the juvenile's act constitutes sexual assault, sexual assault of a child,
repeated sexual assault of a child, sexual exploitation of a child, incest with a child,
child enticement or soliciting a child for prostitution, but the act does not result in
bodily injury, the juvenile may be required to pay the cost, not to exceed $10,000, or
the parent may be required to pay the cost, not to exceed $5,000, of the victim's
psychiatric and psychological care and treatment.
5. In any case, the juvenile or parent may be required to pay the cost, not to
exceed $5,000, may be required to do any one or more of the following:
a. Pay all damages that the victim could recover from the juvenile in a civil
action.
b. Pay for the victim's lost income and reasonable out-of-pocket expenses
incurred resulting from the filing of a petition or cooperating in the investigation and
prosecution of the juvenile's act.
c. Reimburse any person or agency for amounts paid as rewards for information
leading to the apprehension or successful prosecution of the juvenile.
d. If justice so requires, reimburse any insurer who has compensated the victim
for a loss otherwise compensable as restitution.
6. If the victim has been paid a crime victim's award by the department of
justice, any restitution received up to the amount of the award must be paid into the
general fund and the balance must be paid to the victim.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB247, s. 1 1Section 1. 38.24 (1s) (a) of the statutes is amended to read:
AB247,3,52 38.24 (1s) (a) A court-approved alcohol or other drug abuse education program
3offered to individuals under s. 48.245 (2) (a) 4., 48.345 (13) (b), 48.347 (5) (b), 938.245
4(2) (a) 4. (2g), 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344
5(2g) (a).
AB247, s. 2
1Section 2. 103.67 (2) (j) of the statutes is amended to read:
AB247,4,62 103.67 (2) (j) Minors under 14 years of age may be employed as participants
3in a restitution project under s. 938.245 (2) (a) 5. (2t), 938.32 (1t) (a), 938.34 (5),
4938.343 (4)
or 938.345 or a supervised work program or other community service
5work under s. 938.245 (2) (a) 6. (2u), 938.32 (1t) (b) (1u), 938.34 (5g), 938.343 (3) or
6938.345.
AB247, s. 3 7Section 3. 103.70 (1) of the statutes is amended to read:
AB247,4,178 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31,
9103.78, 938.245 (2) (a) 5. b. (2t) (b), 938.32 (1t) (a) 2. and (b), 938.34 (5) (b) and (5g)
10(c) and 938.343 (4) (b), and as may be provided under s. 103.79, a minor, unless
11indentured as an apprentice in accordance with s. 106.01, or unless 12 years and over
12and engaged in agricultural pursuits, or unless 14 years and over and enrolled in a
13youth apprenticeship program under s. 106.13, shall not be employed or permitted
14to work at any gainful occupation or employment unless there is first obtained from
15the department or a permit officer a written permit authorizing the employment of
16the minor within those periods of time stated in the permit, which shall not exceed
17the maximum hours prescribed by law.
AB247, s. 4 18Section 4. 895.035 (2m) (a) of the statutes is amended to read:
AB247,5,1319 895.035 (2m) (a) If a juvenile or a parent with custody of a child juvenile fails
20to pay restitution under s. 938.245 (2t), 938.32 (1t), 938.34 (5), 938.343 (4), 938.345
21or 938.45 (1r) (a) as ordered by a court assigned to exercise jurisdiction under chs.
2248 and 938, a court of criminal jurisdiction or a municipal court or as agreed to in a
23deferred prosecution agreement or if it appears likely that the juvenile or parent will
24not pay restitution as ordered or agreed to, the victim, the victim's insurer, the
25representative of the public interest under s. 938.09 or the agency, as defined in s.

1938.38 (1) (a), supervising the juvenile may petition the court assigned to exercise
2jurisdiction under chs. 48 and 938 to order that the amount of restitution unpaid by
3the juvenile or parent be entered and docketed as a judgment against the juvenile
4and the parent with custody of the juvenile and in favor of the victim or the victim's
5insurer, or both. A petition under this paragraph may be filed after the expiration
6of the deferred prosecution agreement, consent decree, dispositional order or
7sentence under which the restitution is payable, but no later than one year after the
8expiration of the deferred prosecution agreement, consent decree, dispositional order
9or sentence or any extension of the consent decree, dispositional order or sentence.
10A judgment rendered under this paragraph does not bar the victim or the victim's
11insurer, or both, from commencing another action seeking compensation from the
12child or the parent, or both, if the amount of restitution ordered under this paragraph
13is less than the total amount of damages claimed by the victim or the victim's insurer.
AB247, s. 5 14Section 5. 895.035 (6) of the statutes is amended to read:
AB247,5,2115 895.035 (6) Any recovery of restitution under this section shall be reduced by
16the amount recovered as restitution for the same act under s. 938.245 (2t), 938.32
17(1t), 938.34 (5), 938.343 (4) or 938.45 (1r) (a). Any recovery of a forfeiture under this
18section shall be reduced by the amount recovered as a forfeiture for the same act
19under s. 938.34 (8), 938.343 (2) or 938.45 (1r) (b). Any recovery of a surcharge under
20this section shall be reduced by the amount recovered as a surcharge under s. 938.34
21(8d).
AB247, s. 6 22Section 6. 938.245 (2) (a) (intro.) of the statutes is renumbered 938.245 (2) (a)
23and amended to read:
AB247,5,2524 938.245 (2) (a) A deferred prosecution agreement may provide for any one or
25more of the following: conditions specified in subs. (2b) to (2z) that are applicable.
AB247, s. 7
1Section 7. 938.245 (2) (a) 1. of the statutes is renumbered 938.245 (2b) and
2amended to read:
AB247,6,63 938.245 (2b) That The deferred prosecution agreement may require that the
4juvenile and the juvenile's parent, guardian or legal custodian participate in
5individual, family or group counseling and that the parent, guardian or legal
6custodian participate in parenting skills training.
AB247, s. 8 7Section 8. 938.245 (2) (a) 2. of the statutes is renumbered 938.245 (2c) and
8amended to read:
AB247,6,129 938.245 (2c) That The deferred prosecution agreement may require that the
10juvenile and a parent, guardian and legal custodian abide by such obligations,
11including supervision, curfews and school attendance requirements, as will tend to
12ensure the juvenile's rehabilitation, protection or care.
AB247, s. 9 13Section 9. 938.245 (2) (a) 3. of the statutes is renumbered 938.245 (2f) and
14amended to read:
AB247,7,215 938.245 (2f) That If the multidisciplinary screen conducted under s. 938.24 (2)
16shows that the juvenile is at risk of having needs and problems related to the use of
17alcohol beverages, controlled substances or controlled substance analogs and the
18medical, personal, family or social effects of that use, the deferred prosecution
19agreement may require that
the juvenile submit to an alcohol and other drug abuse
20assessment that conforms to the criteria specified under s. 938.547 (4) and that is
21conducted by an approved treatment facility for an examination of the juvenile's use
22of alcohol beverages, controlled substances or controlled substance analogs and any
23medical, personal, family or social effects caused by its use, if the multidisciplinary
24screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs
25and problems related to the use of alcohol beverages, controlled substances or

1controlled substance analogs and its medical, personal, family or social effects
that
2use
.
AB247, s. 10 3Section 10. 938.245 (2) (a) 4. of the statutes is renumbered 938.245 (2g) and
4amended to read:
AB247,7,235 938.245 (2g) That the juvenile participate in a restitution project if If the act
6for which the deferred prosecution agreement is being entered into has resulted in
7damage to the property of another, or in actual physical in bodily injury to another
8excluding pain and suffering. Subject to subd. 5. c. or in death and if the intake
9worker after taking into consideration the well-being and needs of the victim,
10considers it beneficial to the well-being or behavior of, the juvenile
, the deferred
11prosecution agreement may require the juvenile to repair the damage to property or,
12subject to par. (c),
to make reasonable restitution for the damage or injury or death
13as provided in pars. (d) to (j)
, either in the form of cash payments or, if the victim
14agrees, the performance of services for the victim, or both, if the intake worker, after
15taking into consideration the well-being and needs of the victim, considers it
16beneficial to the well-being and behavior of the juvenile
. Any such deferred
17prosecution agreement shall include a determination that the juvenile alone is
18financially able to pay or physically able to perform the services, may allow up to the
19date of the expiration of the deferred prosecution agreement for the payment or for
20the completion of the services and may include a schedule for the performance and
21completion of the services. Any recovery under this subd. 5. a. paragraph shall be
22reduced by the amount recovered as restitution for the same act under subd. 5. am.
23par. (am).
AB247, s. 11 24Section 11. 938.245 (2) (a) 5. a., am. and c. of the statutes are renumbered
25938.245 (2t) (a), (am) and (c) and amended to read:
AB247,8,19
1938.245 (2t) (a) That the juvenile participate in a restitution project if If the
2act for which the deferred prosecution agreement is being entered into has resulted
3in damage to or loss or destruction of the property of another, or in actual physical
4in bodily injury to another excluding pain and suffering. Subject to subd. 5. c. or in
5death and if the intake worker, after taking into consideration the well-being and
6needs of the victim, considers it beneficial to the well-being or behavior of, the
7juvenile
, the deferred prosecution agreement may require the juvenile to repair the
8damage to property or, subject to par. (c), to make reasonable restitution for the
9damage or, injury or death as provided in pars. (d) to (j), either in the form of cash
10payments or, if the victim agrees, the performance of services for the victim, or both,
11if the intake worker, after taking into consideration the well-being and needs of the
12victim, considers it beneficial to the well-being and behavior of the juvenile
. Any
13such deferred prosecution agreement shall include a determination that the juvenile
14alone is financially able to pay or physically able to perform the services, may allow
15up to the date of the expiration of the deferred prosecution agreement for the
16payment or for the completion of the services and may include a schedule for the
17performance and completion of the services. Any recovery under this subd. 5.a.
18paragraph. shall be reduced by the amount recovered as restitution for the same act
19under subd. 5. am par. (am).
AB247,9,1420 (am) That the parent who has custody, as defined in s. 895.035 (1), of the
21juvenile make reasonable restitution for
If the act for which the deferred prosecution
22agreement is being entered into has resulted in
any damage to or loss or destruction
23of
the property of another, or for any actual physical in bodily injury to another
24excluding pain and suffering, resulting from the act for which the deferred
25prosecution agreement is being entered into
or in death and if the intake worker,

1after taking into consideration the well-being and needs of the victim, considers it
2beneficial to the well-being or behavior of the juvenile, the deferred prosecution
3agreement may require the parent who has custody, as defined in s. 895.035 (1), of
4the juvenile to make reasonable restitution, subject to the limit specified in this
5paragraph, for the damage, injury or death as provided in pars. (d) to (j)
. Except for
6recovery for retail theft under s. 943.51, the maximum amount of any restitution
7ordered under this subd. 5. am. paragraph for damage or, injury or death resulting
8from any one act of a juvenile or from the same act committed by 2 or more juveniles
9in the custody of the same parent may not exceed the amount specified in s. 799.01
10(1) (d). Any order under this subd. 5. am. paragraph shall include a finding that the
11parent who has custody of the juvenile is financially able to pay the amount ordered
12and may allow up to the date of the expiration of the deferred prosecution agreement
13for the payment. Any recovery under this subd. 5. am. paragraph shall be reduced
14by the amount recovered as restitution for the same act under subd. 5. a par. (a).
AB247,9,1715 (c) Under this subdivision subsection, a deferred prosecution agreement may
16not require a juvenile who is under 14 years of age to make more than $250 in
17restitution or to perform more than 40 hours of services for the victim as restitution.
AB247, s. 12 18Section 12. 938.245 (2) (a) 5. b. of the statutes is renumbered 938.245 (2t) (b).
AB247, s. 13 19Section 13. 938.245 (2) (a) 6. of the statutes is renumbered 938.245 (2u) and
20amended to read:
AB247,9,2321 938.245 (2u) That The deferred prosecution agreement may require that the
22juvenile participate in a supervised work program or other community service work
23in accordance with s. 938.34 (5g).
AB247, s. 14 24Section 14. 938.245 (2) (a) 7. of the statutes is renumbered 938.245 (2d) and
25amended to read:
AB247,10,16
1938.245 (2d) That the juvenile be placed with a volunteers in probation
2program under such conditions as the intake worker determines are reasonable and
3appropriate, if
If the juvenile is alleged to have committed an act that would
4constitute a misdemeanor if committed by an adult, if the chief judge of the judicial
5administrative district has approved under s. 973.11 (2) a volunteers in probation
6program established in the juvenile's county of residence and if the intake worker
7determines that volunteer supervision under that volunteers in probation program
8will likely benefit the juvenile and the community, the deferred prosecution
9agreement may require that the juvenile be placed with a volunteers in probation
10program under such conditions that the intake worker determines are reasonable
11and appropriate
. The conditions that the intake worker may establish under this
12subdivision subsection may include, but need not be limited to, a request to a
13volunteer to provide for the juvenile a role model, informal counseling, general
14monitoring and monitoring of the conditions established by the intake worker, or any
15combination of these functions, and any other deferred prosecution condition that
16the intake worker may establish under this paragraph section.
AB247, s. 15 17Section 15. 938.245 (2) (a) 8. of the statutes is renumbered 938.245 (2m), and
18938.245 (2m) (intro.), as renumbered, is amended to read:
AB247,10,2119 938.245 (2m) (intro.) That The deferred prosecution agreement may require
20that
the juvenile be placed in a teen court program if all of the following conditions
21apply:
AB247, s. 16 22Section 16. 938.245 (2) (a) 9. of the statutes is renumbered 938.245 (2z) and
23amended to read:
AB247,11,1024 938.245 (2z) That The deferred prosecution agreement may require that the
25juvenile be placed in a youth village program as described in s. 118.42. Upon the

1motion of the court or the application of the juvenile, parent, guardian, legal
2custodian, intake worker or any agency supervising the juvenile under a deferred
3prosecution agreement under this subdivision subsection, the court may, after giving
4notice to the parties to the deferred prosecution agreement and their counsel, if any,
5extend the agreement for up to an additional one year in the absence of an objection
6to extension by the parties to the initial deferred prosecution agreement. If the
7juvenile or the parent, guardian or legal custodian object to the extension, the court
8shall schedule a hearing and make a determination on the issue of extension. A
9deferred prosecution agreement under this subdivision subsection may be extended
10no more than twice.
AB247, s. 17 11Section 17. 938.245 (2) (b) of the statutes is amended to read:
AB247,11,1412 938.245 (2) (b) A deferred prosecution agreement, other than an agreement
13under par. (a) 9. sub. (2z), may not include any form of out-of-home placement and
14may not exceed one year.
AB247, s. 18 15Section 18. 938.245 (2) (c) of the statutes is amended to read:
AB247,11,2116 938.245 (2) (c) If the deferred prosecution agreement provides for alcohol and
17other drug abuse outpatient treatment under par. (a) 4. sub. (2g), the juvenile and
18the juvenile's parent, guardian or legal custodian shall execute an informed consent
19form that indicates that they are voluntarily and knowingly entering into a deferred
20prosecution agreement for the provision of alcohol and other drug abuse outpatient
21treatment.
AB247, s. 19 22Section 19. 938.245 (2g) of the statutes is renumbered 938.245 (2x).
AB247, s. 20 23Section 20. 938.245 (2t) (d) of the statutes is created to read:
AB247,12,524 938.245 (2t) (d) If the act for which the deferred prosecution agreement is
25entered into has resulted in damage to or loss or destruction of property, the deferred

1prosecution agreement may require the juvenile or the parent who has custody, as
2defined in s. 895.035 (1), of the juvenile to return the property to the owner or the
3owner's designee or, if return of the property is impossible, impractical or
4inadequate, to pay the owner or the owner's designee the reasonable repair or
5replacement cost of the property or the greater of the following:
AB247,12,66 1. The value of the property on the date of its damage, loss or destruction.
AB247,12,97 2. The value of the property on the date of the deferred prosecution agreement,
8less the value of any part of the property returned as of the date of its return. The
9value of any retail merchandise shall be its retail value.
AB247, s. 21 10Section 21. 938.245 (2t) (e) of the statutes is created to read:
AB247,12,1411 938.245 (2t) (e) If the act for which the deferred prosecution agreement is
12entered into has resulted in bodily injury, the deferred prosecution agreement may
13require that the juvenile or the parent who has custody, as defined in s. 895.035 (1),
14of the juvenile do any one or more of the following:
AB247,12,1715 1. Pay an amount equal to the cost of necessary medical and related
16professional services and devices relating to physical, psychiatric and psychological
17care and treatment.
AB247,12,1918 2. Pay an amount equal to the cost of necessary physical and occupational
19therapy and rehabilitation.
AB247,12,2120 3. Reimburse the injured person for income lost as a result of the act for which
21the deferred prosecution agreement is entered into.
AB247,12,2422 4. If the injured person's sole employment at the time of the injury was
23performing the duties of a homemaker, pay an amount sufficient to ensure that the
24duties are continued until the person is able to resume performance of the duties.
AB247, s. 22 25Section 22. 938.245 (2t) (f) of the statutes is created to read:
AB247,13,5
1938.245 (2t) (f) If the act for which the deferred prosecution agreement is
2entered into has resulted in death, the deferred prosecution agreement may require
3that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the
4juvenile pay an amount equal to the cost of necessary funeral and related services
5under s. 895.04 (5).
AB247, s. 23 6Section 23. 938.245 (2t) (g) of the statutes is created to read:
AB247,13,157 938.245 (2t) (g) If the juvenile violated s. 940.225, 948.02, 948.025, 948.05,
8948.06, 948.07 or 948.08 and par. (e) 1. does not apply, the deferred prosecution
9agreement may require that the juvenile pay an amount, not to exceed $10,000, or
10that the parent who has custody, as defined in s. 895.035 (1), of the juvenile pay an
11amount, not to exceed the amount specified in par. (am), equal to the cost of necessary
12professional services relating to psychiatric and psychological care and treatment.
13The $10,000 limit under this paragraph does not apply to the amount of any
14restitution agreed to under par. (e) or (h) for the cost of necessary professional
15services relating to psychiatric and psychological care and treatment.
AB247, s. 24 16Section 24. 938.245 (2t) (h) of the statutes is created to read:
AB247,13,1917 938.245 (2t) (h) In any case, the deferred prosecution agreement may require
18that the juvenile or the parent who has custody, as defined in s. 895.035 (1), of the
19juvenile do any one or more of the following:
AB247,13,2320 1. Pay all special damages, but not general damages, substantiated by evidence
21in the record, which could be recovered in a civil action against the juvenile for his
22or her conduct in the commission of the act for which the deferred prosecution
23agreement is entered into.
AB247,14,224 2. Pay to the person against whom the act for which the deferred prosecution
25agreement is entered into was committed an amount equal to the income lost and

1reasonable out-of-pocket expenses incurred as a result of the filing of charges or that
2person's cooperation in the investigation and prosecution of the act.
AB247,14,53 3. Reimburse any person or agency for amounts paid as rewards for
4information leading to the apprehension of the juvenile for the act for which the
5deferred prosecution agreement is entered into.
AB247,14,76 4. If justice so requires, reimburse any insurer, surety or other person who has
7compensated a victim for a loss otherwise compensable under this subsection.
AB247, s. 25 8Section 25. 938.245 (2t) (i) of the statutes is created to read:
AB247,14,109 938.245 (2t) (i) Any order under par. (h) 3. or 4. shall require that all restitution
10to victims be paid before restitution to other persons.
AB247, s. 26 11Section 26. 938.245 (2t) (j) of the statutes is created to read:
AB247,14,1712 938.245 (2t) (j) 1. If a victim of the act for which the deferred prosecution
13agreement is entered into is paid an award under ch. 949 for any loss arising out of
14the act, the state is subrogated to the rights of the victim to any restitution required
15by the court. The rights of the state are subordinate to the claims of victims who have
16suffered a loss arising out of the offenses or any transaction which is part of the same
17continuous scheme of delinquent activity.
AB247,14,2418 2. When restitution is ordered, the court shall inquire to determine if an award
19has been made under ch. 949 and if the department of justice is subrogated to the
20cause of action under s. 949.15. If the restitution ordered is less than or equal to the
21award under ch. 949, the restitution shall be paid only to the general fund. If the
22restitution ordered is greater than the award under ch. 949, the general fund shall
23receive an amount equal to the award under ch. 949 and the balance shall be paid
24to the victim.
AB247, s. 27 25Section 27. 938.245 (3) of the statutes is amended to read:
AB247,15,8
1938.245 (3) The obligations imposed under a deferred prosecution agreement
2and its effective date shall be set forth in writing. If the deferred prosecution
3agreement places the juvenile in a youth village program under sub. (2) (a) 9. (2z),
4the judge or juvenile court commissioner shall receive written notice that a deferred
5prosecution agreement has been entered into and, on receipt of that notice, shall
6enter an order requiring compliance with that agreement. The juvenile and a parent,
7guardian and legal custodian shall receive a copy of the agreement and order, as shall
8any agency providing services under the agreement.
AB247, s. 28 9Section 28. 938.245 (4) of the statutes is amended to read:
AB247,15,1810 938.245 (4) The intake worker shall inform the juvenile and the juvenile's
11parent, guardian and legal custodian in writing of their right to terminate or, if the
12juvenile is subject to a deferred prosecution agreement under sub. (2) (a) 9. (2z), to
13request the court to terminate the deferred prosecution agreement at any time or to
14object at any time to the fact or terms of the deferred prosecution agreement. If an
15objection arises the intake worker may alter the terms of the agreement or request
16the district attorney or corporation counsel to file a petition. If the deferred
17prosecution agreement is terminated the intake worker may request the district
18attorney or corporation counsel to file a petition.
AB247, s. 29 19Section 29. 938.245 (5) of the statutes is amended to read:
AB247,15,2420 938.245 (5) A deferred prosecution agreement, other than a deferred
21prosecution agreement
under sub. (2) (a) 1. to 8., (2g) or (2v). (2z), may be terminated
22upon the request of the juvenile, parent, guardian or legal custodian. A deferred
23prosecution agreement under sub. (2) (a) 9. (2z) may be terminated by the court upon
24the request of the juvenile, parent, guardian or legal custodian.
AB247, s. 30
1Section 30. 938.32 (1t) (a) 1., 1m. and 3. of the statutes are renumbered 938.32
2(1t) (a), (am) and (c) and amended to read:
AB247,16,233 938.32 (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 or 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 or death as provided in pars. (d) to (j), either in the form of cash
12payments or, if the victim agrees, the performance of services for the victim, or both,
13if the judge or juvenile court commissioner, after taking into consideration the
14well-being and needs of the victim, considers it beneficial to the well-being and
15behavior of the juvenile
. Any consent decree that includes a condition of restitution
16by a juvenile shall include a finding that the juvenile alone is financially able to pay
17or physically able to perform the services, may allow up to the date of the expiration
18of the consent decree for the payment or for the completion of the services and may
19include a schedule for the performance and completion of the services. Objection by
20the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing
21on the question of damages before the amount of restitution is made part of the
22consent decree. Any recovery under this subdivision paragraph shall be reduced by
23the amount recovered as restitution for the same act under subd. 1m. par. (am).
AB247,17,1924 (am) If the petition alleges that the juvenile has committed a delinquent act
25that has resulted in damage to or loss or destruction of the property of another, or in

1actual physical
in bodily injury to another excluding pain and suffering or in death
2and if the judge or juvenile court commissioner, after taking into consideration the
3well-being and needs of the victim, considers it beneficial to the well-being or
4behavior of the juvenile
, the judge or juvenile court commissioner may require a
5parent who has custody, as defined in s. 895.035 (1), of the juvenile, as a condition
6of the consent decree, to make reasonable restitution, subject to the limit specified
7in this paragraph,
for the damage or, injury or death as provided in pars. (d) to (j).
8Except for recovery for retail theft under s. 943.51, the maximum amount of any
9restitution ordered under this subdivision paragraph for damage or, injury or death
10resulting from any one act of a juvenile or from the same act committed by 2 or more
11juveniles in the custody of the same parent may not exceed the amount specified in
12s. 799.01 (1) (d). Any consent decree that includes a condition of restitution by a
13parent who has custody of the juvenile shall include a finding that the parent who
14has custody of the juvenile is financially able to pay the amount ordered and may
15allow up to the date of the expiration of the consent decree for the payment. Objection
16by the parent to the amount of damages claimed shall entitle the parent to a hearing
17on the question of damages before the amount of restitution is made part of the
18consent decree. Any recovery under this subdivision paragraph shall be reduced by
19the amount recovered as restitution for the same act under subd. 1. par. (a).
AB247,17,2320 (c) Under this paragraph subsection, a judge or juvenile court commissioner
21may not order a juvenile who is under 14 years of age to make more than $250 in
22restitution or to perform more than 40 total hours of services for the victim as
23restitution.
AB247, s. 31 24Section 31. 938.32 (1t) (a) 2. of the statutes is renumbered 938.32 (1t) (b).
AB247, s. 32 25Section 32. 938.32 (1t) (b) of the statutes is renumbered 938.32 (1u).
AB247, s. 33
1Section 33. 938.32 (1t) (d) of the statutes is created to read:
AB247,18,72 938.32 (1t) (d) If the delinquent act resulted in damage to or loss or destruction
3of property, the consent decree may require the juvenile or the parent who has
4custody, as defined in s. 895.035 (1), of the juvenile to return the property to the owner
5or the owner's designee or, if return of the property is impossible, impractical or
6inadequate, to pay the owner or the owner's designee the reasonable repair or
7replacement cost of the property or the greater of the following:
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