938.34(14p)
(14p) Computer violation. If the juvenile is found to have violated
s. 943.70, place restrictions on the juvenile's use of computers.
938.34(14r)
(14r) Violations relating to controlled substances or controlled substance analogs. 938.34(14r)(a)(a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated
ch. 961, the court shall suspend the juvenile's operating privilege, as defined in
s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with the notice of suspension clearly stating that the suspension or revocation is for a violation of
ch. 961.
938.34(14r)(c)
(c) If the juvenile's license or operating privilege is currently suspended or revoked or if the juvenile does not currently possess a valid operator's license issued under
ch. 343, the suspension under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance or reinstatement of an operator's license under
ch. 343.
938.34(14s)
(14s) Possession of controlled substances or controlled substance analogs. 938.34(14s)(a)(a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated
s. 961.41 (3g), the court shall order one of the following penalties:
938.34(14s)(a)2.
2. For a violation committed within 12 months of a previous violation, a forfeiture of not more than $100.
938.34(14s)(a)3.
3. For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500.
938.34(14s)(am)
(am) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated
s. 961.41 (1) or
(1m), the court shall order one of the following penalties:
938.34(14s)(am)1.
1. For a first violation, a forfeiture of not less than $250 nor more than $500.
938.34(14s)(am)2.
2. For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300.
938.34(14s)(am)3.
3. For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500.
938.34(14s)(b)
(b) After ordering a disposition under
par. (a) or
(am), the court, with the agreement of the juvenile, may enter an additional order staying the execution of the dispositional order. If the court stays a dispositional order under this paragraph, the court shall enter an additional order requiring the juvenile to do any of the following:
938.34(14s)(b)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.
938.34(14s)(b)2.
2. Participate in an outpatient alcohol or other drug abuse treatment program at an approved treatment facility, if an assessment conducted under
subd. 1. or
s. 938.295 (1) recommends treatment.
938.34(14s)(b)3.
3. Participate in a court-approved pupil assistance program provided by the juvenile's school board or an 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.
938.34(14s)(c)
(c) 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 this subsection and that the juvenile does not need treatment, intervention or education, the court shall notify the juvenile of whether or not the original dispositional order will be reinstated.
938.34(14s)(d)
(d) 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 original dispositional order will be reinstated.
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, a controlled substance analog of a controlled substance included in schedule I or II under
ch. 961 or ketamine or flunitrazepam 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 Cross-reference
Cross Reference: See also ch.
Jus 9, Wis. adm. code.
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. 940.22 (2),
940.225 (1),
(2), or
(3),
944.06,
948.02 (1) or
(2),
948.025,
948.05,
948.055,
948.06,
948.07,
948.075,
948.08,
948.095,
948.11 (2) (a) or
(am),
948.12,
948.13, 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(15m)(d)
(d) If the court orders a juvenile to comply with the reporting requirements under
s. 301.45, the court may order the juvenile to continue to comply with the reporting requirements until his or her death.
938.34(15m)(e)
(e) If the court orders a juvenile to comply with the reporting requirements under
s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of delinquency on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding of delinquency has been reversed, set aside or vacated.
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;
1999 a. 9,
32,
57,
89,
185;
2001 a. 16,
59,
69,
109.
938.34 Cross-reference
Cross Reference: See also ch.
DOC 392, Wis. adm. code.
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 Wis. 2d 277,
570 N.W.2d 252 (Ct. App. 1997).
938.34 Annotation
Sub. (16) permits a court to stay imposition of a dispositional order, including revisions. Failure to comply can trigger commencement of the stayed portion commencing when the stay is lifted and terminating upon the completion of the term stated in the stayed order. State v. Kendall G. 2001 WI App 95,
243 Wis. 2d 67,
625 Wis. 2d 918.
938.34 Annotation
Placement in the serious juvenile offender program under sub. (4h) must occur at an original disposition. It is not a disposition to extend, revise, or change a placement already in effect. State v. Terry T. 2002 WI App 81,
251 Wis. 2d 462,
643 N.W.2d 175.
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.
938.3415
938.3415
Delinquency adjudication; restriction on body armor possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a violent felony, as defined in
s. 941.291 (1) (b), the court shall inform the juvenile of the requirements and penalties under
s. 941.291.
938.3415 History
History: 2001 a. 95.
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(1d)(c)
(c) Order the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center.
Section 938.34 (5g) applies to any community service work performed by a person under this paragraph.
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(1g)(k)
(k) Order the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center.
Section 938.34 (5g) applies to any community service work performed by a person under this paragraph.
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 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(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(3m)
(3m) Order the juvenile to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center.
Section 938.34 (5g) applies to any community service work performed by a juvenile under this subsection.
