AB130-SSA1,191,3 15938.17 Jurisdiction over traffic, boating, snowmobile and all-terrain
16vehicle violations and over civil law and ordinance violations. (1)
Traffic,
17boating, snowmobile and all-terrain vehicle violations.
Except for ss. 342.06 (2)
18and 344.48 (1), and ss. 30.67 (1) and 346.67 when death or injury occurs, courts of
19criminal and civil jurisdiction shall have exclusive jurisdiction in proceedings
20against juveniles 16 or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341
21to 351, and of traffic regulations as defined in s. 345.20 and nonmoving traffic
22violations as defined in s. 345.28 (1). A juvenile charged with a traffic, boating,
23snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction
24shall be treated as an adult before the trial of the proceeding except that the juvenile
25may be held in secure custody only in a secure detention facility. A juvenile convicted

1of a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal
2or civil jurisdiction shall be treated as an adult for sentencing purposes except as
3follows:
AB130-SSA1,191,54 (a) The court may disregard any minimum period of incarceration specified for
5the offense.
AB130-SSA1,191,86 (b) If the court orders the juvenile to serve a period of incarceration of less than
76 months, the juvenile may serve that period of incarceration only in a secure
8detention facility.
AB130-SSA1,191,139 (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a
10period of incarceration of 6 months or more, that court shall petition the court
11assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more
12of the dispositions provided in s. 938.34, including placement of the juvenile in a
13secured correctional facility under s. 938.34 (4m), if appropriate.
AB130-SSA1,191,24 14(2) Civil law and ordinance violations. (a) 1. Except as provided in sub. (1),
15municipal courts have concurrent jurisdiction with the court assigned to exercise
16jurisdiction under this chapter and ch. 48 in proceedings against juveniles aged 10
17or older for violations of county, town or other municipal ordinances. If evidence is
18provided by the school attendance officer that the activities under s. 118.16 (5) have
19been completed or were not completed due to the juvenile's absence from school as
20provided in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise
21jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted
22under s. 118.163 (2) regardless of the juvenile's age and regardless of whether the
23court assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction
24under s. 938.13 (6).
AB130-SSA1,192,2
12. a. In this subdivision, "administrative center" means the main
2administrative offices of a school district.
AB130-SSA1,192,63 b. The municipal court that may exercise jurisdiction under subd. 1. is the
4municipal court that is located in the same municipality as the administrative center
5of the school district in which the juvenile is enrolled, if that municipality has
6adopted an ordinance under s. 118.163.
AB130-SSA1,192,117 c. If the municipality specified under subd. 2. b. has not adopted an ordinance
8under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1.
9is the municipal court that is located in the municipality where the school in which
10the juvenile is enrolled is located, if that municipality has adopted an ordinance
11under s. 118.163.
AB130-SSA1,192,1512 d. If the municipality specified under subd. 2. c. has not adopted an ordinance
13under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1.
14is the municipal court that is located in the municipality where the juvenile resides,
15if that municipality has adopted an ordinance under s. 118.163.
AB130-SSA1,192,1716 3. When a juvenile is alleged to have violated a municipal ordinance, the
17juvenile may be:
AB130-SSA1,192,1918 a. Issued a citation directing the juvenile to appear in municipal court or make
19a deposit or stipulation and deposit in lieu of appearance;
AB130-SSA1,192,2220 b. Issued a citation directing the juvenile to appear in the court assigned to
21exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation
22and deposit in lieu of appearance as provided in s. 938.237; or
AB130-SSA1,192,2523 c. Referred to intake for a determination whether a petition should be filed in
24the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to
25s. 938.125.
AB130-SSA1,193,4
1(b) When a juvenile 10 years of age or older is alleged to have violated a civil
2law punishable by a forfeiture or where a juvenile is alleged to have violated a
3municipal ordinance but there is no municipal court in the municipality, the juvenile
4may be:
AB130-SSA1,193,75 1. Issued a citation directing the juvenile to appear in the court assigned to
6exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation
7and deposit in lieu of appearance as provided in s. 938.237; or
AB130-SSA1,193,108 2. Referred to intake for a determination whether a petition should be filed in
9the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to
10s. 938.125.
AB130-SSA1,193,2211 (c) The citation procedures described in ch. 800 shall govern proceedings
12involving juveniles in municipal court, except that this chapter shall govern the
13taking and holding of a juvenile in custody and par. (cg) shall govern the issuing of
14a summons to the juvenile's parent, guardian or legal custodian. When a juvenile is
15before the court assigned to exercise jurisdiction under this chapter and ch. 48 upon
16a citation alleging the juvenile to have violated a civil law or municipal ordinance,
17the procedures specified in s. 938.237 shall apply. If a citation is issued to a juvenile,
18the issuing agency shall notify the juvenile's parent, guardian and legal custodian
19within 7 days. The agency issuing a citation to a juvenile who is 10 to 15 years of age
20for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574
21(2) or 161.575 (2) or an ordinance conforming to one of those statutes shall send a copy
22to an intake worker under s. 938.24 for informational purposes only.
AB130-SSA1,194,1123 (cg) After a citation is issued, unless the juvenile and his or her parent,
24guardian and legal custodian voluntarily appear, the municipal court may issue a
25summons requiring the parent, guardian and legal custodian of the juvenile to

1appear personally at any hearing involving the juvenile and, if the court so orders,
2to bring the juvenile before the court at a time and place stated. Section 938.273 shall
3govern the service of a summons under this paragraph, except that the expense of
4service or publication of a summons and of the travelling expenses and fees as
5allowed in ch. 885 of a person summoned shall be a charge on the municipality of the
6court issuing the summons when approved by the court. If any person summoned
7under this paragraph fails without reasonable cause to appear, he or she may be
8proceeded against for contempt of court under s. 785.06. If a summons cannot be
9served or if the person served fails to obey the summons or if it appears to the court
10that the service will be ineffectual, a capias may be issued for the juvenile and for the
11parent, guardian and legal custodian.
AB130-SSA1,194,1612 (cm) A city, village or town may adopt an ordinance or bylaw specifying which
13of the dispositions under ss. 938.343 and 938.344 and sanctions under s. 938.355 (6)
14(d) 2. or 4. the municipal court of that city, village or town is authorized to impose.
15The use by the court of those dispositions and sanctions is subject to any ordinance
16or bylaw adopted under this paragraph.
AB130-SSA1,195,617 (d) If a municipal court finds that the juvenile violated a municipal ordinance
18other than an ordinance enacted under s. 118.163 or an ordinance that conforms to
19s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575
20(2), the court shall enter any of the dispositional orders permitted under s. 938.343
21that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed
22by the municipal court, the court may not impose a jail sentence but may suspend
23any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
24suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less
25than 30 days nor more than 5 years. If a court suspends a license or privilege under

1this section, the court shall immediately take possession of the applicable license and
2forward it to the department that issued the license, together with the notice of
3suspension clearly stating that the suspension is for failure to pay a forfeiture
4imposed by the court. If the forfeiture is paid during the period of suspension, the
5court shall immediately notify the department, which shall thereupon return the
6license to the person.
AB130-SSA1,195,107 (e) If a municipal court finds that a juvenile violated a municipal ordinance that
8conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2)
9or 161.575 (2), the court shall enter a dispositional order under s. 938.344 that is
10authorized under par. (cm).
AB130-SSA1,195,1411 (f) If the act the juvenile committed resulted in personal injury or damage to
12or loss of the property of another, the municipal court shall, to the extent possible,
13provide each known victim of the act with the information contained in the notice
14required under s. 938.346.
AB130-SSA1,195,1715 (g) If a municipal court finds that a juvenile violated a municipal ordinance
16enacted under s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1)
17that is consistent with the municipal ordinance.
AB130-SSA1,196,318 (h) 1. If a juvenile who has violated a municipal ordinance violates a condition
19of his or her dispositional order, the municipal court may impose on the juvenile any
20of the sanctions specified in s. 938.355 (6) (d) 2. or 4. that are authorized under par.
21(cm) or may petition the court assigned to exercise jurisdiction under this chapter
22and ch. 48 to impose on the juvenile the sanctions specified in s. 938.355 (6) (d) 1. or
233. that are authorized under par. (cm) if at the time of judgment the court explained
24the conditions to the juvenile and informed the juvenile of the possible sanctions
25under s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before

1the violation the juvenile has acknowledged in writing that he or she has read, or has
2had read to him or her, those conditions and possible sanctions and that he or she
3understands those conditions and possible sanctions.
AB130-SSA1,196,84 2. A motion requesting the municipal court to impose or petition for a sanction
5may be brought by the person or agency primarily responsible for the provision of
6dispositional services, the municipal attorney or the court that entered the
7dispositional order. Notice of the motion shall be given to the juvenile and the
8juvenile's parent, guardian or legal custodian.
AB130-SSA1,196,109 3. Before imposing any sanction, the court shall hold a hearing, at which the
10juvenile may present evidence.
AB130-SSA1,196,15 11(3) Safety at sporting events. Notwithstanding sub. (2), courts of criminal or
12civil jurisdiction have exclusive jurisdiction in proceedings against juveniles under
13s. 167.32 or under a local ordinance strictly conforming to s. 167.32. A juvenile
14convicted of a violation under s. 167.32 or under a local ordinance strictly conforming
15to s. 167.32 shall be treated as an adult for sentencing purposes.
AB130-SSA1,196,19 16938.18 Jurisdiction for criminal proceedings for juveniles 14 or older;
17waiver hearing. (1)
(a) Subject to s. 938.183, a juvenile or district attorney may
18apply to the court to waive its jurisdiction under this chapter in any of the following
19situations:
AB130-SSA1,196,2220 1. If the juvenile is alleged to have violated s. 161.41 (1), 940.03, 940.06, 940.225
21(1) or (2), 940.305, 940.31, 943.10 (2) or 943.32 (2) on or after the juvenile's 14th
22birthday.
AB130-SSA1,197,223 2. If the juvenile is alleged to have committed, on or after the juvenile's 14th
24birthday, a violation, at the request of or for the benefit of a criminal gang, as defined

1in s. 939.22 (9), that would constitute a felony under ch. 161 or under chs. 939 to 948
2if committed by an adult.
AB130-SSA1,197,43 3. If the juvenile is alleged to have violated any state criminal law on or after
4the juvenile's 15th birthday.
AB130-SSA1,197,75 (b) The judge may also initiate a petition for waiver in any of the situations
6described in par. (a) if the judge disqualifies himself or herself from any future
7proceedings on the case.
AB130-SSA1,197,14 8(2) The waiver hearing shall be brought on by filing a petition alleging
9delinquency drafted under s. 938.255 and a petition for waiver of jurisdiction which
10shall contain a brief statement of the facts supporting the request for waiver. The
11petition for waiver of jurisdiction shall be filed prior to the plea hearing, except that
12if the juvenile denies the facts of the petition and becomes 17 years of age before an
13adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
14the adjudication.
AB130-SSA1,197,19 15(2r) If it appears that the juvenile may be suitable for participation in the
16serious juvenile offender program under s. 938.538 or the adult intensive sanctions
17program under s. 301.048, the judge shall order the department to submit a written
18report analyzing the juvenile's suitability for participation in those programs and
19recommending whether the juvenile should be placed in either of those programs.
AB130-SSA1,198,2 20(3) (a) The juvenile shall be represented by counsel at the waiver hearing.
21Written notice of the time, place and purpose of the hearing shall be given to the
22juvenile, any parent, guardian or legal custodian, and counsel at least 3 days prior
23to the hearing. The notice shall contain a statement of the requirements of s. 938.29
24(2) with regard to substitution of the judge. Where parents entitled to notice have
25the same address, notice to one constitutes notice to the other. Counsel for the

1juvenile shall have access to the social records and other reports consistent with s.
2938.293.
AB130-SSA1,198,53 (b) The juvenile has the right to present testimony on his or her own behalf
4including expert testimony and has the right to cross-examine witnesses at the
5hearing.
AB130-SSA1,198,66 (c) The juvenile does not have the right to a jury at a hearing under this section.
AB130-SSA1,198,8 7(4) (a) The court shall determine whether the matter has prosecutive merit
8before proceeding to determine if it should waive jurisdiction.
AB130-SSA1,198,129 (b) If a petition for waiver of jurisdiction is contested, the court, after taking
10relevant testimony which the district attorney shall present and considering other
11relevant evidence, shall base its decision whether to waive jurisdiction on the criteria
12specified in sub. (5).
AB130-SSA1,198,1913 (c) If a petition for waiver of jurisdiction is uncontested, the court shall inquire
14into the capacity of the juvenile to knowingly, intelligently and voluntarily decide not
15to contest the waiver of jurisdiction. If the court is satisfied that the decision not to
16contest the waiver of jurisdiction is knowingly, intelligently and voluntarily made,
17no testimony need be taken and the court, after considering the petition for waiver
18of jurisdiction and other relevant evidence in the record before the court, shall base
19its decision whether to waive jurisdiction on the criteria specified in sub. (5).
AB130-SSA1,198,21 20(5) If prosecutive merit is found, the court shall base its decision whether to
21waive jurisdiction on the following criteria:
AB130-SSA1,199,422 (a) The personality and prior record of the juvenile, including whether the
23juvenile is mentally ill or developmentally disabled, whether the court has
24previously waived its jurisdiction over the juvenile, whether the juvenile has been
25previously convicted following a waiver of the court's jurisdiction or has been

1previously found delinquent, whether such conviction or delinquency involved the
2infliction of serious bodily injury, the juvenile's motives and attitudes, the juvenile's
3physical and mental maturity, the juvenile's pattern of living, prior offenses, prior
4treatment history and apparent potential for responding to future treatment.
AB130-SSA1,199,75 (b) The type and seriousness of the offense, including whether it was against
6persons or property, the extent to which it was committed in a violent, aggressive,
7premeditated or wilful manner, and its prosecutive merit.
AB130-SSA1,199,128 (c) The adequacy and suitability of facilities, services and procedures available
9for treatment of the juvenile and protection of the public within the juvenile justice
10system, and, where applicable, the mental health system and the suitability of the
11juvenile for placement in the serious juvenile offender program under s. 938.538 or
12the adult intensive sanctions program under s. 301.048.
AB130-SSA1,199,1513 (d) The desirability of trial and disposition of the entire offense in one court if
14the juvenile was allegedly associated in the offense with persons who will be charged
15with a crime in circuit court.
AB130-SSA1,199,22 16(6) After considering the criteria under sub. (5), the court shall state its finding
17with respect to the criteria on the record, and, if the court determines on the record
18that it is established by clear and convincing evidence that it would be contrary to
19the best interests of the juvenile or of the public to hear the case, the court shall enter
20an order waiving jurisdiction and referring the matter to the district attorney for
21appropriate proceedings in the court of criminal jurisdiction, and the court of
22criminal jurisdiction thereafter has exclusive jurisdiction.
AB130-SSA1,200,2 23(7) If the juvenile absconds and does not appear at the waiver hearing, the court
24may proceed with the waiver hearing as provided in subs. (4) to (6) in the juvenile's

1absence. If the waiver is granted, the juvenile may contest that waiver when the
2juvenile is apprehended.
AB130-SSA1,200,5 3(8) When waiver is granted, the juvenile, if held in secure custody, shall be
4transferred to an appropriate officer or adult facility and shall be eligible for bail in
5accordance with chs. 968 and 969.
AB130-SSA1,200,8 6(9) If waiver is granted, sub. (1) does not restrict the authority of the district
7attorney to charge the offense he or she deems is appropriate and does not restrict
8the authority of any court or jury to convict the juvenile in regard to any offense.
AB130-SSA1,200,11 9938.183 Original adult court jurisdiction for criminal proceedings. (1)
10Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction have
11exclusive original jurisdiction over all of the following:
AB130-SSA1,200,1612 (a) A juvenile who has been adjudicated delinquent and who is alleged to have
13violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility, a secure
14detention facility, a secured child caring institution or a secured adolescent
15treatment unit under s. 46.043 or who has been adjudicated delinquent and has
16committed a violation of s. 940.20 (2m).
AB130-SSA1,200,1917 (am) A juvenile who is alleged to have attempted or committed a violation of
18s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the
19juvenile's 10th birthday, but before the juvenile's 15th birthday.
AB130-SSA1,200,2520 (b) A juvenile who is alleged to have violated any state criminal law if the
21juvenile has been convicted of a previous violation following waiver of jurisdiction
22under s. 938.18 by the court assigned to exercise jurisdiction under this chapter and
23ch. 48 or if the court assigned to exercise jurisdiction under this chapter and ch. 48
24has waived its jurisdiction over the juvenile for a previous violation and criminal
25proceedings on that previous violation are still pending.
AB130-SSA1,201,5
1(c) A juvenile who is alleged to have violated any state criminal law if the
2juvenile has been convicted of a previous violation over which the court of criminal
3jurisdiction had original jurisdiction under this section or if proceedings on a
4previous violation over which the court of criminal jurisdiction has original
5jurisdiction under this section are still pending.
AB130-SSA1,201,10 6(1m) Notwithstanding subchs. IV to VI, a juvenile described in sub. (1) is
7subject to the procedures specified in chs. 967 to 979 and the criminal penalties
8provided for the crime that the juvenile is alleged to have committed, unless a court
9of criminal jurisdiction transfers jurisdiction under s. 970.032 to a court assigned to
10exercise jurisdiction under this chapter and ch. 48.
AB130-SSA1,201,20 11(2) (a) Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal
12jurisdiction have exclusive original jurisdiction over a juvenile who is alleged to have
13attempted or committed a violation of s. 940.01 or to have committed a violation of
14s. 940.02 or 940.05 on or after the juvenile's 15th birthday. Notwithstanding subchs.
15IV to VI, a juvenile who is alleged to have attempted or committed a violation of s.
16940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's
1715th birthday is subject to the procedures specified in chs. 967 to 979 and the
18criminal penalties provided for the crime that the juvenile is alleged to have
19committed, except that the court of criminal jurisdiction shall impose a disposition
20specified in s. 938.34 if any of the following conditions applies:
AB130-SSA1,201,2321 1. The court of criminal jurisdiction convicts the juvenile of a lesser offense that
22is not an offense for which the court assigned to exercise jurisdiction under this
23chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18.
AB130-SSA1,202,424 2. The court of criminal jurisdiction convicts the juvenile of a lesser offense that
25is an offense for which the court assigned to exercise jurisdiction under this chapter

1and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18 and the court
2of criminal jurisdiction, after considering the criteria specified in s. 938.18 (5),
3determines by clear and convincing evidence that it would be in the best interests of
4the juvenile and of the public to impose a disposition specified in s. 938.34.
AB130-SSA1,202,85 (b) When a juvenile who is subject to a criminal penalty under par. (a) attains
6the age of 17 years, the department may place the juvenile in a state prison named
7in s. 302.01. A juvenile who is subject to a criminal penalty under par. (a) is eligible
8for parole under s. 304.06.
AB130-SSA1,202,139 (c) If the juvenile is placed outside the juvenile's home under this subsection,
10the order shall contain, a designation of the amount of support, if any, to be paid by
11the juvenile's parent, guardian or trustee, specifying that the support obligation
12begins on the date of the placement, or a referral to the county designee under s. 59.07
13(97) for establishment of child support.
AB130-SSA1,202,15 14938.185 Venue. (1) Subject to sub. (3), venue for any proceeding under ss.
15938.12, 938.125, 93 8.13, 938.135 and 938.18 may be in any of the following:
AB130-SSA1,202,1616 (a) The county where the juvenile resides.
AB130-SSA1,202,1717 (b) The county where the juvenile is present.
AB130-SSA1,202,2218 (c) In the case of a violation of a state law, the county where the violation
19occurred, except that in that case the court of the county where the violation occurred
20may, after the juvenile is adjudged delinquent, transfer the proceeding to the county
21where the juvenile resides for disposition, if the court of the county of residence
22agrees to that transfer and the transferring court agrees to that disposition.
AB130-SSA1,203,3 23(2) Venue for any proceeding under s. 938.363 or 938.365 shall be in the county
24where the dispositional order was issued, unless the juvenile's county of residence
25has changed, or the parent of the juvenile has resided in a different county of this

1state for 6 months. In either case, the court may, upon a motion and for good cause
2shown, transfer the case, along with all appropriate records, to the county of
3residence of the juvenile or parent.
AB130-SSA1,203,8 4(3) Venue for a proceeding under s. 938.12 or 938.13 (12) based on an alleged
5violation of s. 175.45 (6) may be in the juvenile's county of residence at the time that
6the petition is filed or, if the juvenile does not have a county of residence in this state
7at the time that the petition is filed, any county in which the juvenile has resided
8while subject to s. 175.45.
AB130-SSA1,203,109 SUBCHAPTER IV
10 HOLDING A juvenile IN CUSTODY
AB130-SSA1,203,12 11938.19 Taking a juvenile into custody. (1) A juvenile may be taken into
12custody under any of the following:
AB130-SSA1,203,1313 (a) A warrant.
AB130-SSA1,203,1414 (b) A capias issued by a judge under s. 938.28.
AB130-SSA1,203,1815 (c) An order of the judge if made upon a showing satisfactory to the judge that
16the welfare of the juvenile demands that the juvenile be immediately removed from
17his or her present custody. The order shall specify that the juvenile be held in custody
18under s. 938.207.
AB130-SSA1,203,2019 (d) Circumstances in which a law enforcement officer believes on reasonable
20grounds that any of the following conditions exists:
AB130-SSA1,203,2221 1. A capias or a warrant for the juvenile's apprehension has been issued in this
22state, or that the juvenile is a fugitive from justice.
AB130-SSA1,203,2423 2. A capias or a warrant for the juvenile's apprehension has been issued in
24another state.
AB130-SSA1,204,2
13. The juvenile is committing or has committed an act which is a violation of
2a state or federal criminal law.
AB130-SSA1,204,43 4. The juvenile has run away from his or her parents, guardian or legal or
4physical custodian.
AB130-SSA1,204,65 5. The juvenile is suffering from illness or injury or is in immediate danger from
6his or her surroundings and removal from those surroundings is necessary.
AB130-SSA1,204,87 6. The juvenile has violated the terms of court-ordered supervision or aftercare
8supervision administered by the department or a county department.
AB130-SSA1,204,109 7. The juvenile has violated the conditions of an order under s. 938.21 (4) or the
10conditions of an order for temporary physical custody by an intake worker.
AB130-SSA1,204,1311 8. The juvenile has violated a civil law or a local ordinance punishable by a
12forfeiture, except that in that case the juvenile shall be released immediately under
13s. 938.20 (2) (ag) or as soon as reasonably possible under s. 938.20 (2) (b) to (g).
AB130-SSA1,204,1514 10. The juvenile is absent from school without an acceptable excuse under s.
15118.15.
AB130-SSA1,204,20 16(1m) A juvenile who is absent from school without an acceptable excuse under
17s. 118.15 may be taken into custody by an individual designated under s. 118.16 (2m)
18(a) if the school attendance officer of the school district in which the juvenile resides
19or the juvenile's parent, guardian or legal custodian requests that the juvenile be
20taken into custody. The request shall specifically identify the juvenile.
AB130-SSA1,205,5 21(2) When a juvenile is taken into physical custody as provided in this section,
22the person taking the juvenile into custody shall immediately attempt to notify the
23parent, guardian and legal custodian of the juvenile by the most practical means.
24The person taking the juvenile into custody shall continue such attempt until the
25parent, guardian and legal custodian of the juvenile are notified, or the juvenile is

1delivered to an intake worker under s. 938.20 (3), whichever occurs first. If the
2juvenile is delivered to the intake worker before the parent, guardian and legal
3custodian are notified, the intake worker, or another person at his or her direction,
4shall continue the attempt to notify until the parent, guardian and legal custodian
5of the juvenile are notified.
AB130-SSA1,205,7 6(3) Taking into custody is not an arrest except for the purpose of determining
7whether the taking into custody or the obtaining of any evidence is lawful.
AB130-SSA1,205,11 8938.20 Release or delivery from custody. (2) (ag) Except as provided in
9pars. (b) to (g), a person taking a juvenile into custody shall make every effort to
10release the juvenile immediately to the juvenile's parent, guardian or legal
11custodian.
AB130-SSA1,205,1512 (b) If the juvenile's parent, guardian or legal custodian is unavailable,
13unwilling or unable to provide supervision for the juvenile, the person who took the
14juvenile into custody may release the juvenile to a responsible adult after counseling
15or warning the juvenile as may be appropriate.
AB130-SSA1,205,1816 (c) If the juvenile is 15 years of age or older, the person who took the juvenile
17into custody may release the juvenile without immediate adult supervision after
18counseling or warning the juvenile as may be appropriate.
AB130-SSA1,205,2219 (cm) If the juvenile has violated the terms of aftercare supervision
20administered by the department or a county department, the person who took the
21juvenile into custody may release the juvenile to the department or county
22department, whichever has aftercare supervision over the juvenile.
AB130-SSA1,205,2423 (d) If the child is a runaway, the person who took the child into custody may
24release the child to a home authorized under s. 48.227.
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