Feed for /1997/statutes/statutes/938 PDF
MISCELLANEOUS PROVISIONS
938.983 Purchase or possession of tobacco products prohibited.
938.988 Interstate placement of juveniles.
938.991 Interstate compact on juveniles.
938.992 Definitions.
938.993 Juvenile compact administrator.
938.994 Supplementary agreements.
938.995 Financial arrangements.
938.996 Compensation.
938.997 Responsibilities of state departments, agencies and officers.
938.998 Rendition of juveniles alleged to be delinquent.
subch. I of ch. 938 SUBCHAPTER I
GENERAL PROVISIONS
938.01 938.01 Title, legislative intent and purposes.
938.01(1) (1) This chapter may be cited as "The Juvenile Justice Code", and shall be liberally construed in accordance with the objectives expressed in this section.
938.01(2) (2) It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the legislature declares the following to be equally important purposes of this chapter:
938.01(2)(a) (a) To protect citizens from juvenile crime.
938.01(2)(b) (b) To hold each juvenile offender directly accountable for his or her acts.
938.01(2)(c) (c) To provide an individualized assessment of each alleged and adjudicated delinquent juvenile, in order to prevent further delinquent behavior through the development of competency in the juvenile offender, so that he or she is more capable of living productively and responsibly in the community.
938.01(2)(d) (d) To provide due process through which each juvenile offender and all other interested parties are assured fair hearings, during which constitutional and other legal rights are recognized and enforced.
938.01(2)(e) (e) To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.
938.01(2)(f) (f) To respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the judge to utilize the most effective dispositional option.
938.01(2)(g) (g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with the provisions of this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy and sensitivity throughout such proceedings.
938.01 History History: 1995 a. 77.
938.01 Annotation Time Ripe for Change. Barry & Ladwig. Wis. Law. Apr. 1996.
938.02 938.02 Definitions. In this chapter:
938.02(1) (1) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
938.02(1m) (1m) "Alcoholism" has the meaning given in s. 51.01 (1m).
938.02(1p) (1p) "Alcohol or other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.
938.02(1s) (1s) "Approved treatment facility" has the meaning given in s. 51.01 (2).
938.02(2c) (2c) "Child caring institution" means a facility operated by a child welfare agency licensed under s. 48.60 for the care and maintenance of persons residing in that facility.
938.02(2d) (2d) "Controlled substance" has the meaning given in s. 961.01 (4).
938.02(2e) (2e) "Controlled substance analog" has the meaning given in s. 961.01 (4m).
938.02(2g) (2g) "County department" means a county department under s. 46.215, 46.22 or 46.23, unless the context requires otherwise.
938.02(2m) (2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with reference to a juvenile who is subject to s. 938.183, a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal court.
938.02(3) (3) "Court intake worker" means any person designated to provide intake services under s. 938.067.
938.02(3m) (3m) "Delinquent" means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in ss. 938.17, 938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 938.355 (6g).
938.02(4) (4) "Department" means the department of corrections.
938.02(5) (5) "Developmentally disabled" means having a developmental disability, as defined in s. 51.01 (5).
938.02(5g) (5g) "Drug dependent" has the meaning given in s. 51.01 (8).
938.02(6) (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles unless all of the juveniles are siblings.
938.02(7) (7) "Group home" means any facility operated by a person required to be licensed by the department under s. 48.625 for the care and maintenance of 5 to 8 juveniles.
938.02(8) (8) "Guardian" means the person named by the court having the duty and authority of guardianship.
938.02(9m) (9m) "Habitual truant" has the meaning given in s. 118.16 (1) (a).
938.02(9s) (9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).
938.02(10) (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with reference to a juvenile who is subject to s. 938.183, the judge of the court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17 (2), the judge of the municipal court.
938.02(10m) (10m) "Juvenile" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.
938.02(11) (11) "Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of a juvenile has been transferred by a court, but does not include a person who has only physical custody of the juvenile.
938.02(12) (12) "Legal custody" means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline a juvenile, and to provide food, shelter, legal services, education and ordinary medical and dental care, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.
938.02(13) (13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated to be the biological father. "Parent" does not include any person whose parental rights have been terminated.
938.02(14) (14) "Physical custody" means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.
938.02(14m) (14m) "Pupil assistance program" means a program provided by a school board under s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by pupils.
938.02(15) (15) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt. This relationship may be by consanguinity or direct affinity.
938.02(15g) (15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure custody persons adjudged delinquent.
938.02(15m) (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated, a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b) or 938.539 (5).
938.02(16) (16) "Secure detention facility" means a locked facility approved by the department under s. 301.36 for the secure, temporary holding in custody of juveniles.
938.02(17) (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under s. 48.66 (1).
938.02(17m) (17m) "Special treatment or care" means professional services which need to be provided to a juvenile or his or her family to protect the well-being of the juvenile, prevent placement of the juvenile outside the home or meet the special needs of the juvenile. This term includes medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.
938.02(17q) (17q) "Treatment foster home" means any facility that is operated by a person required to be licensed under s. 48.62 (1) (b), that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 juveniles care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.
938.02(18) (18) "Trial" means a fact-finding hearing to determine jurisdiction.
938.02(18m) (18m) "Truancy" has the meaning given in s. 118.16 (1) (c).
938.02(19) (19) "Type 1 secured correctional facility" means a secured correctional facility, but excludes any correctional institution that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b), 938.538 (4) (b) or 938.539 (5).
938.02(19r) (19r) "Type 2 child caring institution" means a child caring institution that is designated by the department to provide care and maintenance for juveniles who have been placed in the child caring institution under the supervision of a county department under s. 938.34 (4d).
938.02(20) (20) "Type 2 secured correctional facility" means a secured correctional facility that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b), 938.538 (4) (b) or 938.539 (5).
938.02(20m) (20m)
938.02(20m)(a)(a) "Victim" means any of the following:
938.02(20m)(a)1. 1. A person against whom a delinquent act has been committed.
938.02(20m)(a)2. 2. If the person specified in subd. 1. is a child, a parent, guardian or legal custodian of the child.
938.02(20m)(a)3. 3. If a person specified in subd. 1. is physically or emotionally unable to exercise the rights granted under this chapter, s. 950.04 or article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in subd. 1. or a family member, as defined in s. 950.02 (3), of the person specified in subd. 1.
938.02(20m)(a)4. 4. If a person specified in subd. 1. is deceased, any of the following:
938.02(20m)(a)4.a. a. A family member, as defined in s. 950.02 (3), of the person who is deceased.
938.02(20m)(a)4.b. b. A person who resided with the person who is deceased.
938.02(20m)(a)5. 5. If a person specified in subd. 1. has been determined to be incompetent under ch. 880, the guardian of the person appointed under ch. 880.
938.02(20m)(b) (b) "Victim" does not include a juvenile alleged to have committed the delinquent act.
938.02(21) (21) "Victim-witness coordinator" means a person employed or contracted by the county board of supervisors under s. 950.06 to provide services for the victims and witnesses of crimes or a person employed or contracted by the department of justice to provide the services specified in s. 950.08.
938.02 History History: 1995 a. 77, 216, 352, 448; 1997 a. 27, 35, 181, 191.
938.028 938.028 Custody of Indian children. The Indian child welfare act, 25 USC 1911 to 1963, supersedes the provisions of this chapter in any child custody proceeding governed by that act.
938.028 History History: 1995 a. 352.
subch. II of ch. 938 SUBCHAPTER II
ORGANIZATION OF COURT
938.03 938.03 Time and place of court; absence or disability of judge; court of record.
938.03(1) (1) The judge shall set apart a time and place to hold court on juvenile matters.
938.03(2) (2) In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 48, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under s. 753.073.
938.03 History History: 1995 a. 77.
938.06 938.06 Services for court.
938.06(1)(1)Counties with a population of 500,000 or more.
938.06(1)(a)1.1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all juveniles alleged to be in need of protection or services to be provided by the county department. The center shall also include the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases under this chapter and ch. 48.
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