Ordinance #128

Juveniles
Truancy - City of Manitowoc

An Ordinance to repeal in its entirety Section 14.254 entitled "Habitual Truancy" and reenact Section 14.254 entitled "Truancy" and an Ordinance to enact Section 14.255 entitled "Habitual Truancy", Section 14.256 entitled "School Dropouts" and Section 14.257 entitled "Sanctions for Violations of Dispositional Orders" of the Manitowoc Municipal Code.

The Mayor and Common Council of the City of Manitowoc do ordain as follows:

Section 1. Section 14.254 entitled "Habitual Truancy" is repealed in its entirety and reenacted to read as follows:

14.254 Truancy.

(1) Prohibition of Truancy. A child is prohibited from being a truant.

(2) Definitions. For purposes of this Section:

(a) "Truant" shall mean a pupil who is absent from school without an acceptable excuse for part or all of any day, on which school is held during a school semester.

(b) "Acceptable excuse" shall mean an acceptable excuse as defined in Section 118.15 and 118.16(4), Wis. Stats.

(3) Penalty. Upon finding that a child is truant, the court shall enter an order making one or more of the following dispositions:

(a) Order the person to attend school.

(b) Impose a forfeiture of not more than Fifty Dollars ($50.00) plus costs for a first violation, or a forfeiture of not more than One Hundred Dollars ($100.00) plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to Section 938.37, Wis. Stats. and subject to a maximum accumulative forfeiture amount of not more than Five Hundred Dollars ($500.00) for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

Section 2. Section 14.255 is created to read as follows: "14.255 Habitual Truancy.

(1) Prohibition of Habitual Truancy. A child is prohibited from being an habitual truant.

(2) Definitions. For the purpose of this section:

(a) "Habitual Truant" shall mean a pupil who is absent from school without an acceptable excuse for part or all of five or more days on which school is held during a school semester.

(b) "Acceptable Excuse" shall mean an acceptable excuse as defined in Section 118.15 and 118.16(4), Wis. Stats.,

(3) Penalty. Upon finding that a child is an habitual truant, the Court shall enter an order making one or more of the following dispositions:

(a) Suspend the child's operating privilege, as defined in Section 340.01(40), Wis. Stats., for not less than 30 days nor more than one year. The court shall immediately take possession of any suspended license and forward it to the Department of Transportation together with a notice stating the reason for and the duration of the suspension.

(b) Order the person to participate in counseling or a supervised work program or other community service work' as described in Section 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

(c) Order the child to remain at home except during hours in which the child is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the person is accompanied by a parent or guardian.

(d) Order the person to attend an educational program as described in Section 938.34(7d),Wis. Stats.

(e) Order the Department of Workforce Development to revoke, under Section 103.72, Wis. Stats., a permit under Section 103.70, Wis. Stats., authorizing the employment of the person.

(f) Order the person to be placed in a teen court program as described in Section 938.342(lg)(f), Wis. Stats.

(g) Order the person to attend school.

(h) Order a forfeiture of not more than Five Hundred Dollars plus costs, subject to Section 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

(i) Order reasonable conditions consistent with subsection 118.163(2) of the Wisconsin Statutes, including a curfew, restrictions as to 90mg to or remaining on specified premises and restrictions on associating with other children or adults.

(j) Place the person under formal or, informal supervision, as described in Section 938.34(2), Wis. Stats. for up to one year.

(k) Order the person's parent, guardian or legal custodian to participate in counseling at the parents, guardians or legal custodian's own expense or to attend school with the person, or both.

Section 3. Section 14.256 is created to read as follows:

"14.256 Dropout. (1) Prohibition of School Dropout. A child is prohibited from being a school dropout.

(2) Definitions. For purpose of this Section:

(a) "Dropout" shall mean a child who has ceased to attend school, does not attend a public or private school, technical college or home-based private educational program on a full-time basis, has not graduated from high school and does not have an acceptable excuse for nonattendance of school.

(b) "Acceptable excuse" shall mean acceptable excuse as defined in Section 118.15 and 118.16, Wis. Stats.

(3) Penalty. Upon finding a child is a dropout, the court shall enter an order suspending the operating privilege of a person who is at least sixteen years of age but less than eighteen years of age. The court may suspend the person's operating privilege-until the person reaches the age of 18. The court shall immediately take possession of any suspended license and forward it to the Department of Transportation together with a notice stating the reason for the duration of the suspension.

Section 4. Section 14.257 entitled "Sanctions for Violations of Dispositional Orders" is created to read as follows:

"14.257 Sanctions for Violations of Dispositional Orders.

(1) Subsequent Dispositional Orders. After holding a hearing, the Municipal Court may impose sanctions on juveniles who violate their Dispositional Order related to truancy, habitual truancy or dropping out of school regardless of whether the particular sanction was imposed as a disposition in the order violated by the juvenile, provided:

(a) At the juvenile's dispositional hearing, the court explained the conditions of the Dispositional Order to the juvenile and informed the juvenile of the possible sanctions that could be imposed for a violation of those conditions or;

(b) Before the subsequent violation, the juvenile has acknowledged in writing that he or she has read or has read to him or her, those conditions and possible sanctions and he or she understands the conditions and possible sanctions.

(2) Subsequent Dispositional Order for Truancy. If the court finds a subsequent violation of a condition of a truancy dispositional order, the Court may order as a sanction any combination of the following:

(a) Suspension of the child's operating privilege, as defined in Section 340.04(4), Wis. Stats., for not more than one year. If the juvenile does not hold a valid driver's license, other than an instruction permit or a restricted license, the court may order the suspension to begin on the date the license would otherwise be reinstated or issued or two years after the date of the order, whichever occurs first.

(b) Order the person to participate in counseling or a supervised work program or other community service work as described in Section 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

(c) Order the child to remain at home except during hours in which the child is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the person is accompanied by a parent or guardian.

(d) Order the person to attend an educational program as described in Section 938.34(7d),Wis. Stats.

(e) Order the Department of Workforce Development to revoke, under Section 103.72, Wis. Stats., a permit under Section 103.70, Wis. Stats., authorizing the employment of the person,

(f) Order the person to be placed in a teen court program as described in Section 938.342(1g)(f), Wis. Stats.

(g) Order the person to attend school.

(h) Order a forfeiture of not more than Five Hundred Dollars ($500.00) plus costs, subject to Section 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

(i) Order reasonable conditions consistent with subsection 118.163(2) of the Wisconsin Statutes, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.

(j) Place the person under formal or informal supervision, as described in Section 938.34(2), Wis. Stats. for up to one year.

(k) Order the person's parent, guardian or legal custodian to participate in counseling at the parents, guardians or legal custodian's own expense or to attend school with the person, or both.

(3) Subsequent Dispositional Order for Habitual Truancy. If the Court finds a subsequent violation of a condition of a habitual truancy dispositional order, the Court may order as a sanction any combination of the following:

(a) Petition the juvenile court of the County of Manitowoc to impose a sanction. If the juvenile court imposes a sanction, the juvenile court must order the City to pay the County the costs of providing the sanction. A Petition for Placement of a juvenile in a secured detention facility or juvenile portion of a county jail is subject to the adoption of a resolution by the Manitowoc County Board of Super-visors authorizing the use of these placements as a sanction.

(b) Suspend the operating privilege or place a limitation on the operating privilege, as defined in Section 340.01(4), Wis. Stats. Suspend or place a limitation on any fish or game license for not more than one year. If the juvenile does not hold a valid driver's license, other than an instruction permit or a restricted license, the Court may order the suspension to begin on the date the license would otherwise be reinstated or issued or two years after the date of the order, whichever occurs first.

(c) Order counseling or participation for not more than twenty-five (25) hours in a supervised work program or other Community service work. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

(d) Order any of the dispositions described in subsection 14.257(2)(c) through subsection (k) of the Manitowoc Municipal Code.

(4) Subsequent Dispositional Order for Dropouts. If the Court finds a subsequent violation of a condition of a dropout dispositional order, the Court may impose any of the sanctions listed in subsections (a) to (d) below. In order to impose the secured detention sanction specified in subsection (a) below, or home detention with monitoring by electronic monitoring system in subsection (c) below the Court must first petition the juvenile court to impose the sanctions listed in subsection (a) or subsection (c) below. If the juvenile court imposes the secured detention sanction or the monitoring by electronic monitoring system sanction, the juvenile court shall also order the municipality to pay the County the cost of providing the sanction.

(a) Placement of the juvenile in a secured detention facility or the juvenile portion of a county jail that meets the standards promulgated by the Department of Corrections (DOC) or in a place of nonsecured custody, for not more than ten (10) days and the provision of educational service consistent with the juvenile current course of study during the period of placement.

i. Imposition of the sanction in subsection 14.257(4)(a) may only be ordered provided the Manitowoc County Board of Supervisors adopts a Resolution authorizing the use of this placement sanction.

(b) Suspension or limitation on the use of the juvenile's operating privileges or any fish or game license for a period of not more than three (3) years. If the juvenile does not hold a valid. driver's license, other than an instruction permit or restricted license, the court may order the suspension to begin on the date the license would otherwise be reinstated or issued or two (2) years after the date of the order, whichever occurs first.

(c) Detention of the juvenile's home or current residence for a period not more than thirty (30) days under rules of supervision specified in the order. The order may require electronic 'monitoring.

(d) Not more than twenty-five (25) hours of uncompensated participation in a supervised work program or other community service work.

(5) Contempt Sanctions. If a juvenile commits a second or subsequent violation of a condition imposed in his or her Dispositional Order, the Court may impose contempt sanctions upon the juvenile as provided in Section 26.07 of the Manitowoc Municipal Code adopting Section 800.12, Wis. Stats., except those provisions providing for incarceration.

Section A. Section 14.255 entitled "Loitering in a Public Place" is renumbered to read Section 14.258.

Section 6. Section 14.256 entitled "Curfew" is renumbered to read Section 14.259.

Section 7. Section 14.258 entitled "Trespass to Land" is renumbered to read Section 14.260.

Section 8. Section 14.259 entitled "Unauthorized Use of Motor Vehicle on Public and Private Property" is renumbered to read Section 14.261.

Section 9. Section 14.26 entitled "Resisting or Obstructing Officer" is renumbered to read 14.262.

Section 10. This Ordinance shall take effect on the day after its publication.