938.34(3)(f)1.
1. The placement may be for any combination of single or consecutive days totalling not more than 365, including any placement under
pars. (a) to
(e). 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 juvenile 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 juvenile 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(3)(f)4.
4. If a juvenile's placement under this paragraph exceeds 30 days, whether or not consecutive, the county department shall offer the juvenile alcohol or other drug abuse treatment, counseling, and education services under
sub. (6r). The payment for those services shall be in accordance with
s. 938.361.
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 residential care center for children and youth placement. Place the juvenile in a Type 2 residential care center for children and youth 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 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 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) Aftercare supervision. Subject to any arrangement between the department 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:
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).