938.34(4d)(a)
(a) The juvenile has been found to be delinquent for the commission of an act that would be punishable by a sentence of 6 months or more if committed by an adult.
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 court 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 juvenile 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 or conspiring to commit a violation of
s. 939.32 (1) (a),
940.03,
940.06,
940.21,
940.225 (1),
940.305,
940.31,
941.327 (2) (b) 4.,
943.02,
943.10 (2),
943.23 (1g),
943.32 (2),
948.02 (1),
948.025 (1), or
948.30 (2) or attempting a violation of
s. 943.32 (2) 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
s. 940.02 or
940.05.
938.34(4h)(b)
(b) The court finds that the only other disposition that is appropriate for the juvenile is placement in a juvenile correctional facility under
sub. (4m).
938.34(4m)
(4m) Correctional placement. Place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections 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 that would be punishable by a sentence of 6 months or more if committed by an adult.
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 court determines that any of the following conditions applies, but that placement in the serious juvenile offender program under
sub. (4h) is not 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),
943.32 (2),
947.013 (1t),
(1v) or
(1x),
948.02 (1) or
(2),
948.025,
948.03, or
948.085 (2) 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) Community supervision or aftercare supervision. In the case of a juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth, designate the department of corrections to provide community supervision for the juvenile following the juvenile's release from that facility or center or, subject to any arrangement between the department of corrections and a county department regarding the provision of aftercare supervision for juveniles who have been released from a juvenile correctional facility or a secured residential care center for children and youth, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from that facility or center:
Effective date note
NOTE: Sub. (4n) (intro.) is shown as amended eff. 7-1-17, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later, by
2015 Wis. Act 55. Prior to that date it reads:
Effective date text
(4n) Aftercare supervision. Subject to any arrangement between the department of corrections and a county department regarding the provision of aftercare supervision for juveniles who have been released from a juvenile correctional facility or a secured residential care center for children and youth, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the juvenile correctional facility or secured residential care center for children and youth:
Effective date note
NOTE: Par. (a) is repealed eff. 7-1-17, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later, by
2015 Wis. Act 55.
938.34(4n)(b)
(b) The county department of the county of the court that placed the juvenile in the juvenile correctional facility or secured residential care center for children and youth.
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 that 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. The 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. If the juvenile objects to the amount of damages claimed, the juvenile is entitled 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 juvenile correctional facility, residential care center for children and youth, or other out-of-home placement to contribute a specified 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 order a juvenile who is under 14 years of age to make not more than $250 in restitution or to perform not more than 40 total hours of services for the victim as total restitution under the order.
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 constructive and designed to promote the rehabilitation of the juvenile, appropriate to the age level and physical ability of the juvenile, and 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) Coordinated services plan of care. If the report prepared under
s. 938.33 (1) recommends that the juvenile is in need of a coordinated services plan of care and if an initiative under
s. 46.56 has been established for the county or, if applicable, for a tribe, order that an assessment of the juvenile and the juvenile's family for eligibility for and appropriateness of the initiative, and if eligible for enrollment in the initiative, that a coordinated services plan of care 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, 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, 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.
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 of corrections 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 of corrections 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:
