Wisconsin Code § 938.34

Disposition of juvenile adjudged delinquent
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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:
(1) COUNSELING. Counsel the juvenile or the parent,
guardian or legal custodian.
(2) SUPERVISION. (a) Place the juvenile under the supervision of an agency, the county department, 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.
(b) If the juvenile is placed in the juvenile’s home under the
supervision of an agency or the county department, order that
agency or department to provide specified services to the juvenile
and the juvenile’s family, including individual, family, or group
counseling, homemaker or parent aide services, respite care,
housing assistance, child care, or parent skills training.
(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.
(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 program will likely benefit the
juvenile and the community, place the juvenile with the volunteers in probation program under conditions the court determines
are reasonable and appropriate. These conditions may include
any of the following:
(a) A directive to a volunteer to be a role model for the juvenile, informal counseling, general monitoring, monitoring of the
conditions established by the court, or any combination of these
functions.
(b) Any other disposition that the court may impose under this
section.
(2m) TEEN COURT PROGRAM. Order the juvenile to be placed
in a teen court program if all of the following conditions apply:
(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 court determines that participation in
the teen court program will likely benefit the juvenile and the
community.
(b) The juvenile is alleged to have committed a delinquent act
that would be a misdemeanor if committed by an adult.
(c) The juvenile admits or pleads no contest in open court, in
the presence of the juvenile’s parent, guardian, or legal custodian,
to the allegations that the juvenile committed the delinquent act.
(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.
(2r) INTENSIVE SUPERVISION. Order the juvenile to participate in an intensive supervision program under s. 938.534.
(3) PLACEMENT. Designate one of the following as the placement for the juvenile:
(a) The home of a parent, other relative, or like-kin of the juvenile, except that the court may not designate any of the following as the juvenile’s placement, unless the court determines by
clear and convincing evidence that the placement would be in the
best interests of the juvenile or, in the case of an Indian juvenile,
the best interests of the Indian juvenile as described in s. 938.01
(3):
1. The home of a parent, other relative, or like-kin of the juvenile if the parent, other relative, or like-kin has been convicted
of the homicide of a parent of the juvenile under s. 940.01 or
940.05, and the conviction has not been reversed, set aside, or vacated. In determining whether a placement under this subdivision would be in the best interests of the juvenile, the court shall
consider the wishes of the juvenile.
2. The home of a relative other than the parent of the juvenile
or the home of like-kin if the court finds that the relative or likekin has been convicted of, has pleaded no contest to, or has had a
charge dismissed or amended as a result of a plea agreement for a
crime under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1.,
2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.072,
948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12,
948.125, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar
law of another state.
(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 any of the following as the juvenile’s placement, unless
the court determines by clear and convincing evidence that the
placement would be in the best interests of the juvenile or, in the
case of an Indian juvenile, the best interests of the Indian juvenile
as described in s. 938.01 (3):
1. The home of a person who is not required to be licensed if
the court finds that the person has been convicted of the homicide
of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated. In determining whether a placement under this subdivision would be in the
best interests of the juvenile, the court shall consider the wishes
of the juvenile.
2. The home of a person who is not required to be licensed if
the court finds that the person has been convicted of, has pleaded
no contest to, or has had a charge dismissed or amended as a result of a plea agreement for a crime under s. 948.02 (1) or (2),
948.025, 948.03 (2) or (5) (a) 1. , 2., 3., or 4., 948.05, 948.051,
948.055, 948.06, 948.07, 948.072, 948.08, 948.081, 948.085,
948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21, 948.215,
948.30, or 948.53, or a similar law of another state.
(c) A foster home licensed under s. 48.62 or a group home licensed under s. 48.625.
(cm) A group home described in s. 48.625 (1m) if the juvenile
is at least 12 years of age, is a custodial parent, as defined in s.
49.141 (1) (b) , or an expectant mother, is receiving inadequate
care, and is in need of a safe and structured living arrangement.
(d) A residential treatment center operated by a child welfare
agency licensed under s. 48.60.
(e) An independent living situation effective on or after the juvenile’s 17th birthday, either alone or with friends, under supervision 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.
(f) A juvenile detention facility or juvenile portion of a county
jail that meets the standards promulgated by the department of
corrections by rule, or in a place of nonsecure custody designated
by the court, subject to all of the following:
1. The placement may be for any combination of single or
consecutive days totalling not more than 365 in a juvenile detention facility under s. 938.22 (2) (d) 1. and may be for no more
than 30 consecutive days in any other juvenile detention facility,
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.
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.
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.
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.
(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.
(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:
(a) A relative of the juvenile.
(b) A county department.
(c) A licensed child welfare agency.
(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:
(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.
(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.
(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:
(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), 943.231
(1), 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.
(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).
(4m) CORRECTIONAL PLACEMENT. Place the juvenile under
the supervision of the county department in a secured residential
care center for children and youth identified by the county department if all of the following apply:
(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.
(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:
1. The juvenile has committed a delinquent act that would be
a felony under s. 940.01, 940.02, 940.03, 940.05, 940.21,
940.225 (1), 940.31, 940.60 (2) or (3), 940.66, 941.20 (3), 943.02
(1), 943.231 (1), 943.32 (2), 947.013 (1t), (1v), or (1x), 948.02
(1) or (2), 948.025, 948.03, or 948.085 (2) or s. 940.19 (2), 2023
stats., s. 940.19 (4) , 2023 stats., s. 940.19 (5) , 2023 stats., s.
940.19 (6), 2023 stats., or s. 940.198, 2023 stats., if committed by
an adult.
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.
3. The juvenile has possessed or gone armed with a shortbarreled 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.
(4n) AFTERCARE SUPERVISION. In the case of a juvenile who
has received a correctional placement under sub. (4m), designate
one of the following to provide aftercare supervision for the juvenile following the juvenile’s release from a secured residential
care center for children and youth or Type 1 juvenile correctional
facility:
(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.
(c) The county department of the juvenile’s county of legal
residence.
(5) RESTITUTION. (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).
(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.
(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).
(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.
(5g) SUPERVISED WORK PROGRAM OR OTHER COMMUNITY
SERVICE WORK. (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.
(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.
(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.
(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).
(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).
(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.
(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.
(6) SPECIAL TREATMENT OR CARE. (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.
(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:
1. That the juvenile has an alcohol or other drug abuse
impairment.
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.
(ap) An order under par. (am) is subject to all of the following:
1. The commitment may total not more than 30 days.
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.
(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.
(b) Payment for alcohol and other drug abuse services ordered
under par. (a) shall be in accordance with s. 938.361.
(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.
(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.
(6r) ALCOHOL OR DRUG TREATMENT OR EDUCATION. (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.
(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.
(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.
(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.
(7d) EDUCATION PROGRAM. (a) Except as provided in par.
(d), order the juvenile to attend any of the following:
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.
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.
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.
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.
5. Under a contractual agreement with the school district in
which the child resides, an educational program provided by a
tribal school.
(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).
(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).
(d) This subsection does not apply to a juvenile who is a child
with a disability, as defined under s. 115.76 (5).
(7g) EXPERIENTIAL EDUCATION. Order the juvenile to participate in a wilderness challenge program or other experiential education program.
(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.
(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.
(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.
(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.
(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).
(8d) DELINQUENCY VICTIM AND WITNESS ASSISTANCE SURCHARGE. (a) In addition to any other disposition imposed under
this section, the court shall impose a delinquency victim and witness assistance surcharge of $20.
(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.
(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.
(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.
(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.
(13r) VIOLENT VIOLATION IN A SCHOOL ZONE. (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.
(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.
(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.
(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:
(a) Restitution under sub. (5).
(b) Participation in a supervised work program or other community service work under sub. (5g) or (5m).
(c) Participation in a victim-offender mediation program under sub. (5r) or an other means of apologizing to the victim.
(d) Participation in an educational program under sub. (7n)
that includes sensitivity training or training in diversity.
(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.
(14p) COMPUTER VIOLATION. If the juvenile is found to have
violated s. 943.70, place restrictions on the juvenile’s use of
computers.
(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.
(14r) VIOLATIONS RELATING TO CONTROLLED SUBSTANCES
OR CONTROLLED SUBSTANCE ANALOGS. (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.
(b) This subsection does not apply to violations under s.
961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that
strictly conforms to one of those statutes.
(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.
(14s) POSSESSION OF CONTROLLED SUBSTANCES OR CONTROLLED SUBSTANCE ANALOGS. (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:
1. For a first violation, a forfeiture of not more than $50.
2. For a violation committed within 12 months of a previous
violation, a forfeiture of not more than $100.
3. For a violation committed within 12 months of 2 or more
previous violations, a forfeiture of not more than $500.
(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:
1. For a first violation, a forfeiture of not less than $250 nor
more than $500.
2. For a violation committed within 12 months of a previous
violation, a forfeiture of not less than $300.
3. For a violation committed within 12 months of 2 or more
previous violations, a forfeiture of $500.
(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:
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.
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.
3. Participate in an alcohol or other drug abuse education
program.
(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.
(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.
(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).
(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).
(15) DEOXYRIBONUCLEIC ACID ANALYSIS REQUIREMENTS.
(a) 1. If the juvenile is adjudicated delinquent on the basis of a
violation that would be a felony if committed by an adult in this
state or of a violation of s. 940.225 (3m) , 941.20 (1) , 944.20,
944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b) , the
court shall require the juvenile to comply with the requirement
under s. 165.76 (1) (am) by providing a biological specimen to
the state crime laboratories for deoxyribonucleic acid analysis.
The court shall inform the juvenile that he or she may request expungement under s. 165.77 (4).
3. The results from deoxyribonucleic acid analysis of a specimen under subd. 1. may be used only as authorized under s.
165.77 (3).
(b) Biological samples required under par. (a) 1. shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).
(15m) SEX OFFENDER REPORTING REQUIREMENTS. (am) 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, s. 942.08, 942.09, or 942.095, 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.
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 or 942.095, 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 of corrections that the juvenile has satisfied the conditions of the dispositional order.
(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,
948.072, 948.075, 948.08, or 948.085 (2), 948.095, 948.11 (2)
(a) or (am), 948.12, 948.125, 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).
(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:
1. The ages, at the time of the violation, of the juvenile and
the victim of the violation.
2. The relationship between the juvenile and the victim of the
violation.
3. Whether the violation resulted in bodily harm, as defined
in s. 939.22 (4), to the victim.
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.
5. The probability that the juvenile will commit other violations in the future.

7. Any other factor that the court determines may be relevant
to the particular case.
(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.
(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.
(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.

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