938.34(14s)(e)
(e) 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 in, 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 impose the original disposition under
par. (a) or
(am).
938.34(14t)
(14t) Possession of a controlled substance or controlled substance analog on or near certain premises. If the juvenile is adjudicated delinquent under a violation of
s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II under
ch. 961 or a controlled substance analog of a controlled substance included in schedule I or II under
ch. 961 while in or on the premises of a scattered-site public housing project, as defined in
s. 961.01 (20i), while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, as defined in
s. 961.01 (12m), a multiunit public housing project, as defined in
s. 961.01 (14m), a swimming pool open to members of the public, a youth center, as defined in
s. 961.01 (22), or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in
s. 340.01 (56), the court shall require that the juvenile participate for 100 hours in a supervised work program or other community service work under
sub. (5g).
938.34(15)
(15) Deoxyribonucleic acid analysis requirements. 938.34(15)(a)1.1. If the juvenile is adjudicated delinquent on the basis of a violation of
s. 940.225,
948.02 (1) or
(2) or
948.025, the court shall require the juvenile to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
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.
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)(am)(am) Except as provided in
par. (bm), if the juvenile 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 juvenile 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 juvenile report under
s. 301.45.
938.34(15m)(bm)
(bm) If the juvenile 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 juvenile was not the victim's parent, the court shall require the juvenile to comply with the reporting requirements under
s. 301.45 unless the court determines, after a hearing on a motion made by the juvenile, that the juvenile is not required to comply under
s. 301.45 (1m).
938.34(15m)(c)
(c) In determining under
par. (am) whether it would be in the interest of public protection to have the juvenile report under
s. 301.45, the court may consider any of the following:
938.34(15m)(c)1.
1. The ages, at the time of the violation, of the juvenile and the victim of the violation.
938.34(15m)(c)2.
2. The relationship between the juvenile and the victim of the violation.
938.34(15m)(c)4.
4. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
938.34(15m)(c)5.
5. The probability that the juvenile will commit other violations in the future.
938.34(15m)(c)7.
7. Any other factor that the court determines may be relevant to the particular case.
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 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 History
History: 1995 a. 77,
352,
440,
448;
1997 a. 27,
35,
36,
84,
130,
164,
183,
205; s. 13.93 (2) (c).
938.34 Annotation
Sub. (4h) does not encompass similar offenses from other jurisdictions. A juvenile may not be placed in the serious juvenile offender program on the basis that the juvenile is adjudicated delinquent for violating similar statutes in other jurisdictions. State v. David L.W. 213 W (2d) 277, 570 NW (2d) 252 (Ct. App. 1997).
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(1d)(1d) If the court finds that the person violated a municipal ordinance enacted under
s. 118.163 (1m), 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(1d)(b)
(b) Impose a forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any 2nd or subsequent violation committed within 12 months of a previous violation, subject to
s. 938.37 and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.
938.342(1g)
(1g) 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(1g)(a)
(a) Suspend the person's operating privilege, as defined in
s. 340.01 (40), for not less than 30 days nor more than one year. 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(1g)(b)
(b) Order the person to participate in counseling or a supervised work program or other community service work as described in
s. 938.34 (5g). The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person.
938.342(1g)(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(1g)(e)
(e) Order the department of workforce development to revoke, under
s. 103.72, a permit under
s. 103.70 authorizing the employment of the person.
938.342(1g)(f)
(f) Order the person to be placed in a teen court program if all of the following conditions apply:
938.342(1g)(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(1g)(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(1g)(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(1g)(h)
(h) Impose a forfeiture of not more than $500 plus costs, subject to
s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.
938.342(1g)(i)
(i) Order the person to comply with any other reasonable conditions that are consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other juveniles or adults.
938.342(1g)(j)
(j) Place the person under formal or informal supervision, as described in
s. 938.34 (2), for up to one year.
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. (1g), 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 or to attend school with the person, or both, if such a disposition is authorized by the municipal ordinance.
938.342(1m)(am)
(am) If the court finds that the person violated a municipal ordinance enacted under
s. 118.163 (1m), the court may, as part of the disposition under
sub. (1d), order the person's parent or guardian to pay all or part of a forfeiture plus costs assessed under
sub. (1d) (b). If the court finds that the person violated a municipal ordinance enacted under
s. 118.163 (2), the court may, as part of the dispositions under
sub. (1g), order the person's parent or guardian to pay all or part of the costs of any program ordered under
sub. (1g) (b) or to pay all or part of a forfeiture plus costs assessed under
sub. (1g) (h).
938.342(1m)(b)
(b) No order to any parent, guardian or legal custodian under
par. (a) or
(am) 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) or
(am) 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) (a), 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. (1g) 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 person's family.
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. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under
s. 938.45 (1r) (b).
Effective date note
NOTE: Sub. (2) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(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 more than 2 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. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
938.343 Note
NOTE: Sub. (2) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
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, either in the form of cash payments or, if the victim agrees, the performance of services for the victim, or both, 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 or physically able to perform the services, may allow up to the date of the expiration of the order for the payment or for the completion of the services and may include a schedule for the performance and completion of the services. 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. Any recovery under this subsection shall be reduced by the amount recovered as restitution for the same act under
s. 938.45 (1r) (a).
938.343 Note
NOTE: Sub. (4) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
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). If the juvenile has a valid certificate at the time that the court imposes sentence, the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under
s. 30.74 (1).
Effective date note
NOTE: Sub. (5) is shown as amended eff. 5-1-99 by
1997 Wis. Act 198. Prior to 5-1-99 it reads:
Effective date text
(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 the course under the hunter education program under
s. 29.591.
938.343 Note
NOTE: Sub. (7) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
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;
1997 a. 84,
183,
197,
198,
205,
248; s. 13.93 (2) (c).
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).
Effective date note
NOTE: Par. (c) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, suspension 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).
Effective date note
NOTE: Par. (c) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, suspension 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).
