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Sanctions

Under Wis. Stat. § 938.355(6), the court may order any of the five statutorily defined sanctions as a consequence for any incident in which a juvenile who has been adjudicated delinquent has violated one or more conditions of the dispositional order.

The court may impose the following sanctions under section 938.355(6)(d):

1. Placement in a juvenile detention facility or a place of nonsecure custody for up to 10 days, Wis. Stat. § 938.355(6)(d)1.

2. Suspension of or limitation on the use of the juvenile's driving privilege or hunting or fishing license for up to three years, Wis. Stat. § 938.355(6)(d)2.

3. Home detention for up to 30 days, with or without an electronic monitor, Wis. Stat. § 938.355(6)(d)3.

4. Uncompensated community service work for up to 25 hours, Wis. Stat. § 938.355(6)(d)4.

5. Participation in the programming of a youth report center, Wis. Stat. § 938.355(6)(d)5.

The court can impose on a JIPS juvenile, other than a JIPS juvenile who has been found to be a habitual truant under section 938.13(6), any of the above sanctions except for placement in a juvenile detention facility or in the juvenile portion of a county jail.  Wis. Stat. § 938.355(6)(a).  Section 938.355(6m) specifies the sanctions available in JIPS habitual truancy cases.

Relevant Case Law related to Sanctions

 In the Interest of Ellis H., 2004 WI App 123, 274 Wis. 2d 703, 684 N.W.2d 157

The court of appeals held that a sanction may be imposed for each incident rather than for each condition violated.  The sanction is tied to the incident in which the dispositional order has been violated, regardless of the number of conditions that may have been violated during the incident.  In Ellis H., the juvenile violated multiple conditions (by running away, failing to meet with his social worker, and failing to attend community service) during what the court of appeals determined to be one incident.  Therefore, the court held, only one sanction could be imposed for this one incident.