938.34(15)(a)2.
2. Except as provided in
subd. 1., if the juvenile is adjudicated delinquent on the basis of any violation under
ch. 940,
944 or
948 or
ss. 943.01 to
943.15, the court may require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
Effective date note
NOTE: Subd. 2. is shown as amended eff. 6-1-97 by
1995 Wis. Act 440. Prior to 6-1-97 it reads:
Effective date text
2. Except as provided in subd. 1., if the juvenile is adjudicated delinquent on the basis of any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the juvenile to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the juvenile report under s. 175.45.
938.34(15)(a)3.
3. The results from deoxyribonucleic acid analysis of a specimen under
subd. 1. or
2. may be used only as authorized under
s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with
s. 165.77 (3).
938.34(15)(b)
(b) The department of justice shall promulgate rules providing procedures for juveniles to provide specimens under
par. (a) and for the transportation of those specimens to the state crime laboratories under
s. 165.77.
938.34(15m)(a)(a) If the child is adjudicated delinquent on the basis of a violation, or the solicitation, conspiracy or attempt to commit a violation, of
s. 940.225 (1),
(2) or
(3),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 or
948.30, or of
s. 940.30 or
940.31 if the victim was a minor and the child was not the victim's parent, the court shall require the person to comply with the reporting requirements under
s. 301.45.
938.34(15m)(b)
(b) Except as provided in
par. (a), if the child is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy or attempt to commit any violation, under
ch. 940,
944 or
948 or
ss. 943.01 to
943.15, the court may require the child 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 in the interest of public protection to have the child report under
s. 301.45.
938.34(16)
(16) Stay of order. After ordering a disposition under this section, enter an additional order staying the execution of the dispositional order contingent on the juvenile's satisfactory compliance with any conditions that are specified in the dispositional order and explained to the juvenile by the court. If the juvenile violates a condition of his or her dispositional order, the agency supervising the juvenile shall notify the court and the court shall hold a hearing within 30 days after the filing of the notice to determine whether the original dispositional order should be imposed, unless the juvenile signs a written waiver of any objections to imposing the original dispositional order and the court approves the waiver. If a hearing is held, the court shall notify the parent, juvenile, guardian and legal custodian, all parties bound by the original dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered at [of] the time and place of the hearing at least 3 days before the hearing. If all parties consent, the court may proceed immediately with the hearing. The court may not impose the original dispositional order unless the court finds by a preponderance of the evidence that the juvenile has violated a condition of his or her dispositional order.
938.34 Note
NOTE: The correct term is shown in brackets. Corrective legislation is pending.
938.34 History
History: 1995 a. 77,
352,
440,
448.
938.34 Annotation
Dispositions: Increased Options. Wis. Law. Apr. 1996.
938.341
938.341
Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony, the court shall inform the juvenile of the requirements and penalties under
s. 941.29.
938.341 History
History: 1995 a. 77.
938.342
938.342
Disposition; truancy and school dropout ordinance violations. 938.342(1)(1) If the court finds that a person under 18 years of age violated a municipal ordinance enacted under
s. 118.163 (2), the court shall enter an order making one or more of the following dispositions if such a disposition is authorized by the municipal ordinance:
938.342(1)(a)
(a) Suspend the person's operating privilege, as defined in
s. 340.01 (40), for not less than 30 days nor more than 90 days. The court shall immediately take possession of the suspended license and forward it to the department of transportation together with a notice stating the reason for and duration of the suspension.
938.342(1)(b)
(b) Order the person to participate in counseling or a supervised work program or other community service work under
s. 938.34 (5g).
938.342(1)(c)
(c) Order the person to remain at home except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the person is accompanied by a parent or guardian.
938.342(1)(e)
(e) Order the department of industry, labor and job development to revoke, under
s. 103.72, a permit under
s. 103.70 authorizing the employment of the person.
938.342(1)(f)
(f) Order the person to be placed in a teen court program if all of the following conditions apply:
938.342(1)(f)1.
1. The chief judge of the judicial administrative district has approved a teen court program established in the person's county of residence and the judge determines that participation in the teen court program will likely benefit the person and the community.
938.342(1)(f)2.
2. The person admits or pleads no contest in open court, with the person's parent, guardian or legal custodian present, to the allegations that the person violated the municipal ordinance enacted under
s. 118.163 (2).
938.342(1)(f)3.
3. The person has not successfully completed participation in a teen court program during the 2 years before the date of the alleged municipal ordinance violation.
938.342(1m)(a)(a) If the court finds that the person violated a municipal ordinance enacted under
s. 118.163 (2), the court may, in addition to or instead of the dispositions under
sub. (1), order the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense.
938.342(1m)(b)
(b) No order to any parent, guardian or legal custodian under
par. (a) may be entered until the parent, guardian or legal custodian is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place and purpose of the hearing to be served on the parent, guardian or legal custodian personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the court. At the hearing, the parent, guardian or legal custodian may be represented by counsel and may produce and cross-examine witnesses. Any parent, guardian or legal custodian who fails to comply with any order issued by a court under
par. (a) may be proceeded against for contempt of court.
938.342(2)(a)(a) Except as provided in
par. (b), if the court finds that a person is subject to a municipal ordinance enacted under
s. 118.163 (2m), the court shall enter an order suspending the person's operating privilege, as defined in
s. 340.01 (40), until the person reaches the age of 18.
938.342(2)(b)
(b) The court may enter an order making any of the dispositions specified under
sub. (1) if the court finds that suspension of the person's operating privilege, as defined in
s. 340.01 (40), until the person reaches the age of 18 would cause an undue hardship to the person or the juvenile's family.
938.342 History
History: 1995 a. 27 s.
9130 (4);
1995 a. 77,
352.
938.343
938.343
Disposition of juvenile adjudged to have violated a civil law or an ordinance. Except as provided by
ss. 938.342 and
938.344, if the court finds that the juvenile violated a civil law or an ordinance, the court shall enter an order making one or more of the following dispositions:
938.343(1)
(1) Counsel the juvenile or the parent or guardian.
938.343(2)
(2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under
ch. 29 or suspend the juvenile's operating privilege as defined in
s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person.
938.343(2m)
(2m) Order the juvenile to be placed in a teen court program if all of the following conditions apply:
938.343(2m)(a)
(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 determines that participation in the teen court program will likely benefit the juvenile and the community.
938.343(2m)(b)
(b) The juvenile admits or pleads no contest in open court, with the juvenile's parent, guardian or legal custodian present, to the allegations that the juvenile violated the civil law or ordinance.
938.343(2m)(c)
(c) The juvenile has not successfully completed participation in a teen court program during the 2 years before the date of the alleged civil law or ordinance violation.
938.343(3)
(3) Order the juvenile to participate in a supervised work program or other community service work under
s. 938.34 (5g).
938.343(4)
(4) 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 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 order requiring payment for repairs or restitution shall include a finding that the juvenile alone is financially able to pay and may allow up to the date of the expiration of the order for the payment. Objection by the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing on the question of damages before the amount of restitution is ordered.
938.343(5)
(5) If the violation is related to unsafe use of a boat, order the juvenile to attend a safety course under
s. 30.74 (1).
938.343(6)
(6) If the violation is of
ch. 29, suspension of 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.
938.343(7)
(7) If the violation is related to the unsafe use of firearms, order the juvenile to attend a course under the hunter education and firearm safety program under
s. 29.225.
938.343(8)
(8) If the violation is one under
ch. 350 concerning the use of snowmobiles, order the juvenile to attend a safety course under
s. 350.055.
938.343(9)
(9) 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 an all-terrain vehicle safety course.
938.343(10)
(10) If the violation is related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs, order the juvenile to do any of the following:
938.343(10)(a)
(a) 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 perform the assessment and shall specify the date by which the assessment must be completed.
938.343(10)(b)
(b) Participate in an outpatient alcohol and other drug abuse treatment program if an assessment conducted under
par. (a) or
s. 938.295 (1) recommends treatment.
938.343(10)(c)
(c) Participate in a court-approved pupil assistance program provided by the juvenile's school board or in a court-approved alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this paragraph is subject to the approval of the juvenile's school board.
938.343 History
History: 1995 a. 77,
352,
448.
938.344
938.344
Disposition; certain intoxicating liquor, beer and drug violations. 938.344(2)(2) If a court finds a juvenile committed a violation under
s. 125.07 (4) (b) or
125.09 (2), or a local ordinance that strictly conforms to one of those statutes, the court shall order one or any combination of the following penalties:
938.344(2)(a)
(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).
938.344(2)(b)
(b) For a violation committed within 12 months of a previous violation, a forfeiture of not more than $100, 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).
938.344(2)(c)
(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, revocation 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).
938.344(2b)
(2b) If a court finds a juvenile committed a violation under
s. 125.07 (4) (a), or a local ordinance which strictly conforms to
s. 125.07 (4) (a), the court shall order one or any combination of the following penalties:
938.344(2b)(a)
(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).
938.344(2b)(b)
(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).
938.344(2b)(c)
(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation 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).
938.344(2d)
(2d) If a court finds a juvenile committed a violation under
s. 125.085 (3) (b), or a local ordinance which strictly conforms to
s. 125.085 (3) (b), the court shall order one or any combination of the following penalties:
938.344(2d)(a)
(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).
938.344(2d)(b)
(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).
938.344(2d)(c)
(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation 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).
938.344(2e)(a)(a) If a court finds a juvenile committed 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, the court shall suspend or revoke the juvenile's operating privilege, as defined in
s. 340.01 (40), for not less than 6 months nor more than 5 years and, in addition, shall order one of the following penalties:
938.344(2e)(a)1.
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.
938.344(2e)(a)2.
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.
938.344(2e)(a)3.
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.
938.344(2e)(b)
(b) Whenever a court suspends or revokes a juvenile's operating privilege under this subsection, the court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation, together with the notice of suspension or revocation clearly stating that the suspension or revocation 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.
938.344(2e)(c)
(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 or revocation under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance, renewal or reinstatement of an operator's license under
ch. 343.
938.344(2g)(a)(a) After ordering a penalty under
sub. (2),
(2b),
(2d) or
(2e), the court, with the agreement of the juvenile, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed. The order under this paragraph shall require the juvenile to do any of the following:
938.344(2g)(a)1.
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.
938.344(2g)(a)2.
2. Participate in an outpatient alcohol or other drug abuse treatment program at an approved treatment facility, if an alcohol or other drug abuse assessment conducted under
subd. 1. or
s. 938.295 (1) recommends treatment.
938.344(2g)(a)3.
3. Participate in a court-approved pupil assistance program provided by the juvenile's school board or in a court-approved alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this subdivision is subject to the approval of the juvenile's school board.
938.344(2g)(a)4.
4. Participate in a teen court program if all of the following conditions apply:
938.344(2g)(a)4.a.
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 determines that participation in the teen court program will likely benefit the juvenile and the community.
938.344(2g)(a)4.b.
b. The juvenile admits or pleads no contest in open court, with 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).
938.344(2g)(a)4.c.
c. The juvenile has not successfully completed participation in a teen court program during the 2 years before the date of the alleged violation.
938.344(2g)(b)
(b) If the approved treatment facility, 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 the juvenile has submitted to an assessment under
par. (a) and that the juvenile does not need treatment, intervention or education, the court shall notify the juvenile of whether or not the penalty will be reinstated.
938.344(2g)(c)
(c) If the juvenile completes the alcohol or other drug abuse treatment program, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, the approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program shall, 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, notify the agency primarily responsible for providing services to the juvenile that the juvenile has complied with the order and the court shall notify the juvenile of whether or not the penalty will be reinstated.
938.344(2g)(d)
(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 the penalties under
sub. (2),
(2b),
(2d) or
(2e) should be imposed.
938.344(2m)
(2m) For purposes of
subs. (2) to
(2e), all violations arising out of the same incident or occurrence shall be counted as a single violation.
938.344(3)
(3) If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday, the court assigned to exercise jurisdiction under this chapter and
ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under
s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under
s. 961.573 (2),
961.574 (2) or
961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
938.344 History
History: 1995 a. 77,
448.
938.345
938.345
Disposition of juvenile adjudged in need of protection or services. 938.345(1)
(1) If the court finds that the juvenile is in need of protection or services, the court shall enter an order deciding one or more of the dispositions of the case as provided in
s. 938.34 under a care and treatment plan except that the order may not do any of the following:
