938.331
938.331
Court reports; effect on victim. If the delinquent act would constitute a felony if committed by an adult, the person preparing the report under
s. 938.33 (1) shall attempt to determine the economic, physical and psychological effect of the delinquent act on the victim, as defined in
s. 938.02 (20m) (a) 1. and
4. The person preparing the report may ask any appropriate person for information. This section does not preclude the person who prepares the report from including any information for the court concerning the impact of a delinquent act on the victim. If the delinquent act would not constitute a felony but a victim, as defined in
s. 938.02 (20m) (a) 1., has suffered bodily harm or the act involved theft or damage to property, the person preparing the report is encouraged to seek the information described in this section.
938.331 History
History: 1995 a. 77;
1997 a. 181.
938.335
938.335
Dispositional hearings. 938.335(1)
(1) The court shall conduct a hearing to determine the disposition of a case in which a juvenile is adjudged to be delinquent under
s. 938.12, to have violated a civil law or ordinance under
s. 938.125 or to be in need of protection or services under
s. 938.13, except that the court shall proceed as provided in
s. 938.237 (2) if a citation is issued and the juvenile fails to contest the citation.
938.335(3)
(3) At hearings under this section, any party may present evidence relevant to the issue of disposition, including expert testimony, and may make alternative dispositional recommendations.
938.335(3m)(a)(a) Before imposing a disposition in a proceeding in which a juvenile is adjudged to be delinquent under
s. 938.12 or is found to be in need of protection or services under
s. 938.13 (12), the court shall determine whether a victim of the juvenile's act wants to make a statement to the court. If a victim wants to make a statement, the court shall allow the victim to make a statement in court or to submit a written statement to be read to the court. The court may allow any other person to make or submit a statement under this paragraph. Any statement made under this paragraph must be relevant to the disposition.
938.335(3m)(am)
(am) Before imposing a disposition in a proceeding in which a juvenile is adjudged to be delinquent under
s. 938.12 or is found to be in need of protection or services under
s. 938.13 (12), the court shall inquire of the district attorney or corporation counsel whether he or she has complied with
par. (b) and whether he or she has complied with
s. 938.27 (4m), whether any of the known victims requested notice of the date, time and place of the dispositional hearing and, if so, whether the district attorney or corporation counsel provided to the victim notice of the date, time and place of the hearing.
938.335(3m)(b)
(b) After a finding that a juvenile is delinquent under
s. 938.12 or is found to be in need of protection or services under
s. 938.13 (12), the district attorney or corporation counsel shall make a reasonable attempt to contact any known victim to inform that person of the right to make a statement under
par. (a). Any failure to comply with this paragraph is not a ground for an appeal of a dispositional order or for any court to reverse or modify a dispositional order.
938.335(3r)
(3r) At hearings under this section, a parent of the juvenile may present evidence relevant to the amount of child support to be paid by either or both parents.
938.335(4)
(4) At hearings under this section,
s. 938.357,
938.363 or
938.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audiovisual means, if available, under
s. 807.13 (2). The request and the showing of good cause may be made by telephone.
938.335(5)
(5) At the conclusion of the hearing, the court shall make a dispositional order in accordance with
s. 938.355.
938.335 History
History: 1995 a. 77;
1997 a. 181,
252.
938.34
938.34
Disposition of juvenile adjudged delinquent. If the court adjudges a juvenile delinquent, the court shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan. A disposition under
sub. (4m) must be combined with a disposition under
sub. (4n). In deciding the dispositions for a juvenile who is adjudicated delinquent, the court shall consider the seriousness of the act for which the juvenile is adjudicated delinquent and may consider any other delinquent act that is read into the record and dismissed at the time of the adjudication. The dispositions under this section are:
938.34(1)
(1) Counseling. Counsel the juvenile or the parent, guardian or legal custodian.
938.34(2)(a)(a) Place the juvenile under the supervision of an agency, the department, if the department approves, or a suitable adult, including a friend of the juvenile, under conditions prescribed by the court including reasonable rules for the juvenile's conduct, designed for the physical, mental and moral well-being and behavior of the juvenile.
938.34(2)(b)
(b) If the juvenile is placed in the juvenile's home under the supervision of an agency or the department, order the agency or department to provide specified services to the juvenile and the juvenile's family, which may include but are not limited to individual, family or group counseling, homemaker or parent aide services, respite care, housing assistance, day care or parent skills training.
938.34(2)(c)
(c) Order the juvenile to remain at his or her home or other placement for a period of not more than 30 days under rules of supervision specified in the order.
938.34(2g)
(2g) Volunteers in probation program. If the juvenile is adjudicated delinquent for the commission of an act that would constitute a misdemeanor if committed by an adult, if the chief judge of the judicial administrative district has approved under
s. 973.11 (2) a volunteers in probation program established in the juvenile's county of residence and if the court determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community, placement of the juvenile with that volunteers in probation program under such conditions as the court determines are reasonable and appropriate. These conditions may include, but need not be limited to, any of the following:
938.34(2g)(a)
(a) A directive to a volunteer to provide for the juvenile a role model, informal counseling, general monitoring and monitoring of the conditions established by the court, or any combination of these functions.
938.34(2g)(b)
(b) Any other disposition that the court may impose under this section.
938.34(2m)
(2m) Teen court program. Order the juvenile to be placed in a teen court program if all of the following conditions apply:
938.34(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.
938.34(2m)(b)
(b) The juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult.
938.34(2m)(c)
(c) 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 delinquent act.
938.34(2m)(d)
(d) The juvenile has not successfully completed participation in a teen court program during the 2 years before the date of the alleged delinquent act.
938.34(2r)
(2r) Intensive supervision. Order the juvenile to participate in an intensive supervision program under
s. 938.534.
938.34(3)
(3) Placement. Designate one of the following as the placement for the juvenile:
938.34(3)(a)
(a) The home of a parent or other relative of the juvenile, except that the court may not designate the home of a parent or other relative of the juvenile as the juvenile's placement if the parent or other relative has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.
938.34(3)(b)
(b) The home of a person who is not required to be licensed if placement is for less than 30 days, except that the court may not designate the name of a person who is not required to be licensed as the juvenile's placement if the person has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.
938.34(3)(c)
(c) A foster home or treatment foster home licensed under
s. 48.62 or a group home licensed under
s. 48.625.
938.34(3)(e)
(e) An independent living situation effective on or after the juvenile's 17th birthday, either alone or with friends, under such supervision as the court considers appropriate, but only if the juvenile is of sufficient maturity and judgment to live independently and only upon proof of a reasonable plan for supervision by an appropriate person or agency.
938.34(3)(f)
(f) A secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule, or in a place of nonsecure custody designated by the court, subject to all of the following:
938.34(3)(f)1.
1. The placement may be for any combination of single or consecutive days totalling not more than 30. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this paragraph for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.
938.34(3)(f)2.
2. The order may provide that the juvenile may be released from the secure detention facility, juvenile portion of the jail or place of nonsecure custody during specified hours to attend school, to work at the juvenile's place of employment or to attend or participate in any activity which the court considers beneficial to the juvenile.
938.34(3)(f)3.
3. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a disposition under this paragraph is subject to the adoption of a resolution by the county board of supervisors under
s. 938.06 (5) authorizing the use of those placements as a disposition.
938.34(3g)
(3g) Electronic monitoring. Monitoring by an electronic monitoring system for a juvenile subject to an order under
sub. (2),
(2r),
(3) (a) to
(e),
(4h) or
(4n) who is placed in the community.
938.34(4)
(4) Transfer of legal custody. If it is shown that the rehabilitation or the treatment and care of the juvenile cannot be accomplished by means of voluntary consent of the parent or guardian, transfer legal custody to any of the following:
938.34(4d)
(4d) Type 2 child caring institution placement. Place the juvenile in a Type 2 child caring institution under the supervision of the county department and subject to Type 2 status, as described in
s. 938.539, but only if all of the following apply:
938.34(4d)(a)
(a) The juvenile has been found to be delinquent for the commission of an act which if committed by an adult would be punishable by a sentence of 6 months or more.
938.34(4d)(b)
(b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the judge determines that any of the conditions specified in
sub. (4m) (b) 1.,
2. or
3. applies, but that placement in the serious juvenile offender program under
sub. (4h) or in a secured correctional facility under
sub. (4m) would not be appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection.
938.34(4h)
(4h) Serious juvenile offender program. Place the juvenile in the serious juvenile offender program under
s. 938.538, but only if all of the following apply:
938.34(4h)(a)
(a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing a violation of
s. 939.31,
939.32 (1) (a),
940.03,
940.21,
940.225 (1),
940.305,
940.31,
941.327 (2) (b) 4.,
943.02,
943.10 (2),
943.23 (1g),
(1m) or
(1r),
943.32 (2),
948.02 (1),
948.025,
948.30 (2),
948.35 (1) (b) or
948.36 or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of
s. 940.01 or for committing a violation of 940.02 or 940.05.
938.34(4h)(b)
(b) The judge finds that the only other disposition that would be appropriate for the juvenile would be placement of the juvenile in a secured correctional facility under
sub. (4m).
938.34(4m)
(4m) Correctional placement. Place the juvenile in a secured correctional facility or a secured child caring institution under the supervision of the department or in a secured group home under the supervision of a county department if the juvenile is 12 years of age or over or, if the juvenile is under 12 years of age, in a secured child caring institution under the supervision of the department or in a secured group home under the supervision of a county department, unless the department, after an examination under
s. 938.50, determines that placement in a secured correctional facility is more appropriate, but only if all of the following apply:
938.34(4m)(a)
(a) The juvenile has been found to be delinquent for the commission of an act which if committed by an adult would be punishable by a sentence of 6 months or more.
938.34(4m)(b)
(b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the judge determines that any of the following conditions applies, but that placement in the serious juvenile offender program under
sub. (4h) would not be appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection:
938.34(4m)(b)1.
1. The juvenile has committed a delinquent act that would be a felony under
s. 940.01,
940.02,
940.03,
940.05,
940.19 (2) to
(6),
940.21,
940.225 (1),
940.31,
941.20 (3),
943.02 (1),
943.23 (1g),
(1m) or
(1r),
943.32 (2),
947.013 (1t),
(1v) or
(1x),
948.02 (1) or
(2),
948.025 or
948.03 if committed by an adult.
938.34(4m)(b)2.
2. The juvenile has possessed, used or threatened to use a handgun, as defined in
s. 175.35 (1) (b), short-barreled rifle, as defined in
s. 941.28 (1) (b), or short-barreled shotgun, as defined in
s. 941.28 (1) (c), while committing a delinquent act that would be a felony under
ch. 940 if committed by an adult.
938.34(4m)(b)3.
3. The juvenile has possessed or gone armed with a short-barreled rifle or a short-barreled shotgun in violation of
s. 941.28 or has possessed or gone armed with a handgun in violation of
s. 948.60.
938.34(4n)
(4n) Aftercare supervision. Subject to
s. 938.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured correctional facility, a secured child caring institution or a secured group home, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured correctional facility, secured child caring institution or secured group home:
938.34(4n)(b)
(b) The county department of the county of the court that placed the juvenile in the secured correctional facility, secured child caring institution or secured group home.
938.34(4n)(c)
(c) The county department of the juvenile's county of legal residence.
938.34(5)(a)(a) Subject to
par. (c), if the juvenile is found to have committed a delinquent act which has resulted in damage to the property of another, or actual physical injury to another excluding pain and suffering, order the juvenile to repair the damage to property or to make 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 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 paragraph shall be reduced by the amount recovered as restitution under
s. 938.45 (1r) (a).
938.34(5)(am)
(am) Subject to
par. (c), order a juvenile who owes restitution under
par. (a) and who is receiving income while placed in a secured correctional facility, residential treatment center or other out-of-home placement to contribute a stated percentage of that income towards that restitution.
938.34(5)(b)
(b) In addition to any other employment or duties permitted under
ch. 103 or any rule or order under
ch. 103, a juvenile under 14 years of age who is participating in a restitution project provided by the county or who is performing services for the victim as restitution may, for the purpose of making restitution ordered by the court under this subsection, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or perform duties under
ch. 103 or any rule or order under
ch. 103. A juvenile who is participating in a restitution project provided by the county or who is performing services for the victim as restitution is exempt from the permit requirement under
s. 103.70 (1).
938.34(5)(c)
(c) Under this subsection, a court may not order a juvenile who is under 14 years of age to make more than $250 in restitution or to perform more than 40 total hours of services for the victim as restitution.
938.34(5g)
(5g) Supervised work program or other community service work. 938.34(5g)(a)(a) Order the juvenile to participate in a supervised work program administered by the county department or a community agency approved by the court or other community service work administered by a public agency or nonprofit charitable organization approved by the court.
938.34(5g)(am)
(am) The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the juvenile reasonable compensation reflecting a reasonable market value of the work performed or it may consist of uncompensated community service work. Community service work may be in lieu of restitution only if also agreed to by the county department, community agency, public agency or nonprofit charitable organization and by the person to whom the restitution is owed. The court may use any available resources, including any community service work program, in ordering the juvenile to perform community service work.
938.34(5g)(b)
(b) The supervised work program or other community service work shall be of a constructive nature designed to promote the rehabilitation of the juvenile, shall be appropriate to the age level and physical ability of the juvenile and shall be combined with counseling from a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the juvenile's regular attendance at school. Subject to
par. (d), the amount of work required shall be reasonably related to the seriousness of the juvenile's offense.
938.34(5g)(c)
(c) In addition to any other employment or duties permitted under
ch. 103 or any rule or order under
ch. 103, a juvenile under 14 years of age who is participating in a supervised work program or other community service work may, for purposes of performing the supervised work or other community service work, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or perform duties under
ch. 103 or any rule or order under
ch. 103. A juvenile who is participating in a supervised work program or other community service work is exempt from the permit requirement under
s. 103.70 (1).
938.34(5g)(d)
(d) Under this subsection, a juvenile who is under 14 years of age may not be required to perform more than 40 total hours of supervised work or other community service work, except as provided in
subs. (13r) and
(14t).
938.34(5m)
(5m) Community service work program. Order the juvenile to participate in a youth corps program, as defined in
s. 16.22 (1) (dm) or another community service work program, if the sponsor of the program approves the juvenile's participation in the program.
938.34(5r)
(5r) Victim-offender mediation program. Order the juvenile to participate in a victim-offender mediation program if the victim of the juvenile's delinquent act agrees.
938.34(6)(a)(a) If the juvenile is in need of special treatment or care, as identified in an evaluation under
s. 938.295 and the report under
s. 938.33 (1), order the juvenile's parent to provide the special treatment or care.
938.34(6)(am)
(am) An order of special treatment or care under this subsection may include an order committing the juvenile to a county department under
s. 51.42 or
51.437 for special treatment or care in an inpatient facility, as defined in
s. 51.01 (10), if the evaluation under
s. 938.295 and the report under
s. 938.33 (1) indicate all of the following:
938.34(6)(am)1.
1. That the juvenile has an alcohol or other drug abuse impairment.
938.34(6)(am)2.
2. That the juvenile is a proper subject for treatment and is in need of inpatient treatment because appropriate treatment is not available on an outpatient basis.
938.34(6)(ap)2.
2. The use of commitment to a county department under
s. 51.42 or
51.437 as a disposition under
par. (am) is subject to the adoption of a resolution by the county board of supervisors under
s. 938.06 (5) authorizing the use of that disposition.
938.34(6)(ar)
(ar) If the parent fails or is financially unable to provide the special treatment or care ordered under
par. (a) or
(am), the court may order an appropriate agency to provide the special treatment or care whether or not legal custody has been taken from the parents. If the court orders a county department under
s. 51.42 or
51.437 to provide special treatment or care under
par. (a) or
(am), the provision of that special treatment or care shall be subject to conditions specified in
ch. 51, except that an order under
par. (am) may not be extended. An order of special treatment or care under this subsection may not include an order for the administration of psychotropic medication.
938.34(6)(b)
(b) Payment for alcohol and other drug abuse services ordered under
par. (a) shall be in accordance with
s. 938.361.
938.34(6)(c)
(c) Payment for services provided under
ch. 51 that are ordered under
par. (a), other than alcohol and other drug abuse services, shall be in accordance with
s. 938.362.
938.34(6m)
(6m) Integrated service plan. If the report prepared under
s. 938.33 (1) recommends that the juvenile is in need of an integrated service plan and if an integrated service program under
s. 46.56 has been established in the county, order that an integrated service plan be developed and implemented.
938.34(6r)
(6r) Alcohol or drug treatment or education. 938.34(6r)(a)(a) If the report prepared under
s. 938.33 (1) recommends that the juvenile is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the juvenile to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile as to whether the juvenile is cooperating with the treatment and whether the treatment appears to be effective.
938.34(6r)(b)
(b) If the report prepared under
s. 938.33 (1) recommends that the juvenile is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the juvenile to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile about the juvenile's attendance at the program.
938.34(6r)(c)
(c) Payment for the court-ordered treatment or education under this subsection in counties that have a pilot program under
s. 938.547 shall be in accordance with
s. 938.361.
