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Juvenile Justice

Restitution | Jurisdiction over traffic, boating, snowmobile and all- terrain vehicle violations and over civil law ordinances Parental Responsibility | Restriction on Firearm Possession  Sex Offender Registration | Victims Rights | Curfew | Contempt of Court

Restitution: If a juvenile is found to have committed a delinquent act which has resulted in damage to the property of another, unrecovered stolen property, or actual physical injury to another excluding pain and suffering, the court may 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. 

Jurisdiction over traffic, boating, snowmobile and all-terrain vehicle violations and over civil law ordinances: A juvenile charged with a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the juvenile may be held in secure custody only in a secure juvenile detention facility. A juvenile convicted of traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except in certain circumstances.

Traffic crimes for juveniles less than 16 years of age are treated like any other crime referred including:  

Fleeing an Officer (sec. 346.04)

OWI second offense or greater (sec. 346.63(1))

OWI causing Injury (sec. 346.63(2))

No Valid Driver’s License (OWL) second offense or greater (sec. 343.05)

Hit and Run Attended Vehicle (sec. 346.67 (1))

Operating After Revocation (OAR) (sec. 343.44 (2))

Parental Responsibility: If a juvenile is held in secure or non-secure custody, the court shall order the parents of the juvenile to contribute toward the expense of holding the juvenile in custody the proportion of the total amount which the court finds the parents are able to pay.

If the court finds a juvenile to be delinquent the court shall order the parents of the juvenile to contribute toward the expense of post-adjudication services to the juvenile, including any placement, the proportion of the total amount which the court finds the parents are able to pay.

If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost thereof, if ordered by the court, shall be a charge upon the county. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay (938.36(2)).

If a juvenile is ordered to pay a forfeiture or restitution and fails to do so, the amount of the unpaid forfeiture or restitution may be docketed as a judgment against the juvenile and the parent with custody.

If it is alleged that a juvenile has committed an act which resulted in personal injury or damage to or loss of property of another, the following information may be disclosed to and used by each victim in a civil action against the parent or the juvenile:  the identity of the juvenile and his/parent(s); the juveniles police record; and the outcome of the criminal proceedings.

Parents may be liable for damages to property, the value of unrecovered stolen property or personal injury attributable to willful, malicious or wanton act of the juvenile.     

If the state or a county provides legal counsel to a juvenile subject, the court shall order the juvenile’s parent to reimburse the state or county. 

Restriction on Firearm Possession: Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a violent felony, as defined in s. 941.291(1)(b), the court shall inform the juvenile of the requirements and penalties under s. 941.291. 

Sex Offender Registration: If a youth is adjudicated delinquent for an offense involving sexual behavior and the offense meets certain criteria, the youth may be placed on Sex Offender Registration with the Department of Corrections – Sex Offender Registration Program (SORP). Youth can be required to register for up to 15 years and in certain cases for life. Therefore, a youth would/could be on Sex Offender Registration beyond his/her juvenile life span and well in to their adult years. 

Victims Rights: Victims in juvenile matters have rights. They have the right to know the identity of the juvenile and the juvenile’s parent(s), the juvenile’s police record, and the outcome of court proceedings regarding the case. They have the right to restitution as a result of personal injury, and damage to or loss of property. The amount of restitution recovered on behalf of the victim from a juvenile and/or the juvenile’s parent(s) depends upon which statute applies to the delinquent act. Victims have the right to notice of, and attend juvenile court hearings. They have the right to make a statement to the court, and submit a victim impact statement in writing. They have the right to inform the court as to what they think should be the disposition of a juvenile. Victims have the right to pursue civil action against a juvenile, and the juvenile’ parent(s).  

Curfew: Throughout La Crosse County the curfew times for youth are the same in each municipality: 

Youth ages 11 and under

All days, all year:

10:00pm to 5:00am

Youth ages 12, 13, 14

September 1 through May 31:
 

10:00pm to 5:00am

 June 1 through August 31:

11:00pm to 5:00am

Youth ages 15, 16, 17

September 1 through May 31
(Sunday through Thursday):
(Friday and Saturday):

11:00pm to 5:00am
12:30am to 5:00am

 

June 1 through August 31 (All Days):

12:30am to 5:00am

Contempt of Court: In most juvenile cases, parent(s) are required by court order to abide by and follow through with specific conditions within the juvenile court order. Failure by a parent(s) to abide by or not follow the court ordered conditions may result in Formal Court proceedings for contempt of court charges, which may include fines, court costs, and possibly jail.

 

 La Crosse County, Wisconsin

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