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:
938.345(1)(a)
(a) Place the juvenile in the serious juvenile offender program, a secured correctional facility or a secured child caring institution.
938.345(1)(d)
(d) Restrict, suspend or revoke the driving privileges of the juvenile, except as provided under
sub. (2).
938.345(1)(e)
(e) Place any juvenile not specifically found under
chs. 46,
49,
51,
115 and
880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of juveniles.
938.345(2)
(2) If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in
s. 118.153 (1) (b), or based on habitual truancy, and the court also finds that the reason the juvenile has dropped out of school or is a habitual truant is a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with
s. 118.15 (1) (a), the court, instead of or in addition to any other disposition imposed under
sub. (1), may enter an order permitted under
s. 938.342.
938.345 History
History: 1995 a. 77.
938.346
938.346
Notice to victims of juveniles' acts. 938.346(1)
(1) Each known victim of a juvenile's act shall receive timely notice of the following information:
938.346(1)(d)1.
1. Information regarding any deferred prosecution agreement under
s. 938.245, any consent decree under
s. 938.32 or any dispositional order under
ss. 938.34 to
938.345. The information may not include reports under
s. 938.295 or
938.33 or any other information that deals with sensitive personal matters of the juvenile and the juvenile's family and that does not directly relate to the act or alleged act committed against the victim. This subdivision does not affect the right of a victim to attend any hearing that the victim is permitted to attend under
s. 938.299 (1) (am).
938.346(1)(d)2.
2. The procedure the victim may follow for obtaining the information in
subd. 1.
938.346(1)(e)
(e) The procedure under
s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated
s. 940.225,
948.02,
948.025,
948.05 or
948.06 to submit to a test or a series of tests to detect the presence of HIV, as defined in
s. 252.01 (1m), antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, as defined in
s. 252.11 (1), and to have the results of that test or series of tests disclosed as provided in
s. 938.296 (4) (a) to
(e).
938.346(1)(f)
(f) The right to request and receive notice of the time and place of any hearing that the victim may attend under
s. 938.299 (1) (am).
938.346(1m)
(1m) The intake worker shall provide notice of the information specified in
sub. (1) (a),
(b) and
(c), the information specified in
sub. (1) (d) relating to a deferred prosecution agreement under
s. 938.245 and the information specified in
sub. (3) if the inquiry is terminated without a deferred prosecution agreement before the filing of a petition. The district attorney or corporation counsel shall provide notice of the information specified in
sub. (1) (e),
(f) and
(g), the information specified in
sub. (1) (d) relating to a consent decree under
s. 938.32 or a dispositional order under
ss. 938.34 to
938.345 and the information under
sub. (3) if the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.
938.346(2)
(2) The notice under
sub. (1) shall include an explanation of the restrictions on divulging information obtained under this chapter and the penalties for violations.
938.346(3)
(3) If an inquiry or proceeding is closed, dismissed or otherwise does not result in a deferred prosecution agreement, consent decree or dispositional order, a reasonable attempt shall be made to inform each known victim of the juvenile's alleged act that the inquiry or proceeding has been terminated.
938.346(4)
(4) If the victim is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.
938.346(5)
(5) Chief judges and circuit judges shall establish by policy and rule procedures for the implementation of this section. The policies and rules shall specify when, how and by whom the notice under this section shall be provided to victims.
938.346 History
History: 1995 a. 77.
938.35
938.35
Effect of judgment and disposition. 938.35(1)
(1) The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in a proceeding on a petition under this subchapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following:
938.35(1)(a)
(a) In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence study and report.
938.35(1)(b)
(b) In a proceeding in any court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.35(1)(c)
(c) In a court of civil or criminal jurisdiction while it is exercising the jurisdiction of a family court and is considering the custody of juveniles.
938.35(1)(cm)
(cm) In a court of civil or criminal jurisdiction for purposes of setting bail under
ch. 969 or impeaching a witness under
s. 906.09.
938.35(1)(d)
(d) The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of
s. 852.01 (2m) (bg).
938.35(1m)
(1m) Disposition by the court assigned to exercise jurisdiction under this chapter and
ch. 48 of any allegation under
s. 938.12 or
938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile reaches the age of 17. This paragraph does not affect proceedings in criminal court which have been transferred under
s. 938.18.
