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.
938.34(6s)
(6s) Drug testing. If the report under
s. 938.33 (1) indicates that the juvenile is in need of treatment for the use or abuse of controlled substances or controlled substance analogs, order the juvenile to submit to drug testing under a drug testing program that the department shall promulgate by rule.
938.34(7d)(a)(a) Except as provided in
par. (d), order the juvenile to attend any of the following:
938.34(7d)(a)1.
1. A nonresidential educational program, including a program for children at risk under
s. 118.153, provided by the school district in which the juvenile resides.
938.34(7d)(a)2.
2. Under a contractual agreement with the school district in which the juvenile resides, a nonresidential educational program provided by a licensed child welfare agency.
938.34(7d)(a)3.
3. Under a contractual agreement with the school district in which the juvenile resides, an educational program provided by a private, nonprofit, nonsectarian agency that is located in the school district in which the juvenile resides and that complies with
42 USC 2000d.
938.34(7d)(a)4.
4. Under a contractual agreement with the school district in which the juvenile resides, an educational program provided by a technical college district located in the school district in which the juvenile resides.
938.34(7d)(a)5.
5. Under a contractual agreement with the school district in which the child resides, an educational program provided by a tribal school.
938.34(7d)(b)
(b) The court shall order the school board to disclose the juvenile's pupil records, as defined under
s. 118.125 (1) (d), to the county department or licensed child welfare agency responsible for supervising the juvenile, as necessary to determine the juvenile's compliance with the order under
par. (a).
938.34(7d)(c)
(c) The court shall order the county department or licensed child welfare agency responsible for supervising the juvenile to disclose to the school board, technical college district board, tribal school, or private, nonprofit, nonsectarian agency which is providing an educational program under
par. (a) 3. records or information about the juvenile, as necessary to assure the provision of appropriate educational services under
par. (a).
938.34(7d)(d)
(d) This subsection does not apply to a juvenile who is a child with a disability, as defined under
s. 115.76 (5).
938.34(7g)
(7g) Experiential education. Order the juvenile to participate in a wilderness challenge program or other experiential education program.
938.34(7j)
(7j) Youth report center. 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.
Subsection (5g) applies to any community service work performed by a juvenile under this subsection.
938.34(7n)
(7n) Juvenile offender education program. Order the juvenile to participate in an educational program that is designed to deter future delinquent behavior by focusing on such issues as decision making, assertiveness instead of aggression, family and peer relationships, self-esteem, identification and expression of feelings, alcohol and other drug abuse recognition and errors in thinking and judgment.
938.34(7r)
(7r) Vocational training. If the report under
s. 938.33 (1) recommends that the juvenile is in need of vocational assessment, counseling and training, order the juvenile to participate in that assessment, counseling and training.
938.34(7w)
(7w) Day treatment program. If the report under
s. 938.33 (1) indicates that the juvenile has specialized educational needs, order the juvenile to participate in a day treatment program.
938.34(8)
(8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under
ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in
s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under
ch. 29 or, if the license is issued under
ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under
ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then, if the license is issued under
ch. 29, return the license to the juvenile. 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).
938.34(8d)
(8d) Delinquency victim and witness assistance surcharge. 938.34(8d)(a)(a) In addition to any other disposition imposed under this section, the court shall impose a delinquency victim and witness assistance surcharge of $20.
938.34(8d)(b)
(b) The clerk of court shall collect and transmit the amount to the county treasurer under
s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under
s. 59.25 (3) (f) 2.
938.34(8d)(c)
(c) If a juvenile placed in a juvenile correctional facility or a secured residential care center for children and youth fails to pay the surcharge under
par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.
938.34(8d)(d)
(d) If the juvenile fails to pay the surcharge under
par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under
ch. 29 for not less than 30 days nor more than 5 years, 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. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under
ch. 29 or, if the license is issued under
ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which issued the license a notice of suspension stating that the suspension is for failure to pay a surcharge imposed by the court, together with any license issued under
ch. 29 of which the court takes possession. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then, if the license is issued under
ch. 29, return the license to the juvenile.
938.34(11)
(11) Transfer to foreign countries under treaty. If a treaty is in effect between the United States and a foreign country, allowing a juvenile adjudged delinquent who is a citizen or national of the foreign country to be transferred to the foreign country and if the juvenile and the juvenile's parent, guardian and legal custodian agree, request the governor to commence a transfer of the juvenile to the juvenile's country.
938.34(13r)(a)(a) If the juvenile is adjudicated delinquent for a violation of a violent crime law specified in
s. 939.632 (1) (e) in a school zone, as defined in
s. 939.632 (1) (d), require that the juvenile participate for 100 hours in a supervised work program under
sub. (5g) or perform 100 hours of other community service work.
938.34(13r)(b)
(b) The court may not impose the requirement under
par. (a) if the court determines that the juvenile would pose a threat to public safety while completing the requirement.
938.34(13t)
(13t) Graffiti violation. If the juvenile is adjudicated delinquent for a violation of
s. 943.017, require that the juvenile participate for not less than 10 hours nor more than 100 hours in a supervised work program under
sub. (5g) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the juvenile has not attained 14 years of age the maximum number of hours is 40.
938.34(14d)
(14d) Hate violations. In addition to any other disposition imposed under this section, if the juvenile is found to have committed a violation under circumstances in which, if committed by an adult, the adult would be subject to a penalty enhancement under
s. 939.645, order any one or more of the following dispositions:
938.34(14d)(b)
(b) Participation in a supervised work program or other community service work under
sub. (5g) or
(5m).
938.34(14d)(c)
(c) Participation in a victim-offender mediation program under
sub. (5r) or an other means of apologizing to the victim.
938.34(14d)(d)
(d) Participation in an educational program under
sub. (7n) that includes sensitivity training or training in diversity.
938.34(14m)
(14m) Violation involving a motor vehicle. Restrict or suspend the operating privilege, as defined in
s. 340.01 (40), of a juvenile who is adjudicated delinquent under a violation of any law in which a motor vehicle is involved. If the court suspends a juvenile's operating privilege under this subsection, the court may take possession of the suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation a notice stating the reason for and duration of the suspension. If the court limits a juvenile's operating privilege under this subsection, the court shall immediately notify the department of transportation of that limitation.
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(14q)
(14q) Certain bomb scares and firearm violations. In addition to any other disposition imposed under this section, if the juvenile is found to have violated
s. 947.015 and the property involved is owned or leased by the state or any political subdivision of the state, or if the property involved is a school premises, as defined in
s. 948.61 (1) (c), or if the juvenile is found to have violated
s. 941.235 or
948.605, immediately suspend the juvenile's operating privilege, as defined in
s. 340.01 (40), for 2 years. The court shall immediately forward to the department of transportation the notice of suspension, stating that the suspension is for a violation of
s. 947.015 involving school premises, or for a violation of
s. 941.235 or
948.605. If otherwise eligible, the juvenile is eligible for an occupational license under
s. 343.10.
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 may suspend the juvenile's operating privilege, as defined in
s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court suspends a person's operating privilege under this paragraph, the court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation the notice of suspension 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 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) or
961.65, 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 an alcohol or other drug abuse education program.
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 or court-approved alcohol or other drug abuse education program, the approved treatment facility 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 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 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, tribal, 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),
948.025, or
948.085 (2), 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 the 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)1.1. 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
s. 942.08 or
942.09, 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)(am)2.
2. If the court under
subd. 1. orders the juvenile to comply with the reporting requirements under
s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of
s. 942.09, the court may provide that the juvenile be released from the requirement to comply with the reporting requirements under
s. 301.45 upon satisfying the conditions of the dispositional order imposed for the offense. If the juvenile satisfies the conditions of the dispositional order, the court shall notify the department that the juvenile has satisfied the conditions of the dispositional order.
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,
948.051,
948.055,
948.06,
948.07,
948.075,
948.08, or
948.085 (2),
948.095,
948.11 (2) (a) or
(am),
948.12,
948.13, or
948.30, of
s. 940.302 (2) if
s. 940.302 (2) (a) 1. b. applies, 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) 1. 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 or the district attorney or corporation counsel in the county in which the dispositional order was entered 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;
2003 a. 33,
50,
200,
321;
2005 a. 14,
253,
277,
344;
2007 a. 97,
116;
2009 a. 8,
28,
103,
137,
185,
302,
334;
2011 a. 32,
258; s. 35.17 correction in (3) (f) 4.
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 582 (Ct. App. 1997),
97-0606.
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 N.W.2d 918,
00-3240.
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,
01-2226.
938.34 Annotation
A circuit court has discretion under sub. (16) to stay that part of a dispositional order requiring a delinquent child to register as a sex offender. In determining whether to stay an order, a court should consider the seriousness of the offense as well as the factors enumerated in sub. (15m) (c) and s. 301.45 (1m) (e). Sex offender registration is part of a disposition under this section and sub. (16) allows a circuit court to stay a dispositional order or any number of the dispositions set forth within the order. State v. Cesar G.
2004 WI 61,
272 Wis. 2d 22,
682 N.W.2d 1,
02-2106.
938.34 Annotation
Mandatory sex offender registration under sub. (15m) is not criminal punishment. If a provision is not criminal punishment, there is no constitutional right to a jury trial. Sub. (15m) does not violate the guarantees of substantive due process or equal protection. State v. Jeremy P.
2005 WI App 13,
278 Wis. 2d 366,
692 N.W.2d 311,
04-0360.
938.34 Annotation
Sub. (4m) permits a juvenile court to order an adjudged delinquent to a secured correctional facility. Under sub. (16), a trial court, after ordering a disposition, may stay the execution of the dispositional order contingent on the juvenile's satisfactory compliance with any conditions the court specifies in the dispositional order and explains to the juvenile. That the Racine County juvenile court, Racine County Human Services Department and Racine Unified School District joined together to offer a voluntary residential treatment program for adjudged juvenile delinquents as an alternative to a "secured correctional facility" not found in this section does not make a juvenile's participation illegal. State v. Andrew J. K.
2006 WI App 126,
293 Wis. 2d 739,
718 N.W.2d 229,
05-2395.
938.34 Annotation
Under sub. (5) (a) assessing the damages to the victim is the first step in the court's determination of restitution and determining the amount the juvenile is capable of paying is the second. Whichever amount is lower is the maximum amount that the court may order as restitution. Under s. 895.035 (2m) (a), courts are without authority to order that the "total damage" figure be converted to a civil judgment. Section 895.035 (2m) (a) allows only for the conversion of restitution. State v. Anthony D.
2006 WI App 218,
296 Wis. 2d 771,
723 N.W. 2d 775,
05-2644.
938.34 Annotation
Section 938.355 provides a variety of sanctions for juveniles who have violated their dispositional orders. Section 938.357 enumerates the ways in which a juvenile's placement may be changed. Nothing in either statute indicates that it is to be the exclusive mechanism for violation of a disposition order. Section 938.34 (16) specifically allows an alternative procedure for dealing with violations of a disposition order when part of the disposition is imposed and stayed. State v. Richard J. D.
2006 WI App 242,
297 Wis. 2d 20,
724 N.W.2d 665,
06-0555.
