AB130,198,149 (b) A juvenile who is alleged to have violated any state criminal law if the
10juvenile has been convicted of a previous violation following waiver of jurisdiction
11under s. 938.18 by the court assigned to exercise jurisdiction under this chapter and
12ch. 48 or if the court assigned to exercise jurisdiction under this chapter and ch. 48
13has waived its jurisdiction over the juvenile for a previous violation and criminal
14proceedings on that previous violation are still pending.
AB130,198,1915 (c) A juvenile who is alleged to have violated any state criminal law if the
16juvenile has been convicted of a previous violation over which the court of criminal
17jurisdiction had original jurisdiction under this section or if proceedings on a
18previous violation over which the court of criminal jurisdiction has original
19jurisdiction under this section are still pending.
AB130,198,24 20(1m) Notwithstanding subchs. IV to VI, a juvenile described in sub. (1) is
21subject to the procedures specified in chs. 967 to 979 and the criminal penalties
22provided for the crime that the juvenile is alleged to have committed, unless a court
23of criminal jurisdiction transfers jurisdiction under s. 970.032 to a court assigned to
24exercise jurisdiction under this chapter and ch. 48.
AB130,199,11
1(2) (a) Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal
2jurisdiction have exclusive original jurisdiction over a juvenile who is alleged to have
3attempted or committed a violation of s. 940.01 or to have committed a violation of
4s. 940.02 or 940.05 on or after the juvenile's 10th birthday. Notwithstanding subchs.
5IV to VI, a juvenile who is alleged to have attempted or committed a violation of s.
6940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile's
710th birthday is subject to the procedures specified in chs. 967 to 979 and the
8criminal penalties provided for the crime that the juvenile is alleged to have
9committed, unless the court of criminal jurisdiction convicts the juvenile of a lesser
10offense, in which case the court of criminal jurisdiction shall impose a disposition
11specified in s. 938.34.
AB130,199,1912 (b) A juvenile who is subject to this paragraph shall remain under the
13supervision of the department of health and social services until the juvenile's 17th
14birthday. When the juvenile attains the age of 17 years, the court of criminal
15jurisdiction shall transfer supervision of the juvenile from the department of health
16and social services to the department of corrections, and the department of
17corrections may place the juvenile in a state prison named in s. 302.01. A juvenile
18who is placed with the department of corrections under this paragraph is eligible for
19parole under s. 304.06.
AB130,199,2420 (c) If the juvenile is placed outside the juvenile's home under this subsection,
21the order shall contain, a designation of the amount of support, if any, to be paid by
22the juvenile's parent, guardian or trustee, specifying that the support obligation
23begins on the date of the placement, or a referral to the county designee under s. 59.07
24(97) for establishment of child support.
AB130,200,2
1938.185 Venue. (1) Subject to sub. (3), venue for any proceeding under ss.
2938.12, 938.125, 93 8.13, 938.135 and 938.18 may be in any of the following:
AB130,200,33 (a) The county where the juvenile resides.
AB130,200,44 (b) The county where the juvenile is present.
AB130,200,95 (c) In the case of a violation of a state law, the county where the violation
6occurred, except that in that case the court of the county where the violation occurred
7may, after the juvenile is adjudged delinquent, transfer the proceeding to the county
8where the juvenile resides for disposition, if the court of the county of residence
9agrees to that transfer and the transferring court agrees to that disposition.
AB130,200,15 10(2) Venue for any proceeding under s. 938.363 or 938.365 shall be in the county
11where the dispositional order was issued, unless the juvenile's county of residence
12has changed, or the parent of the juvenile has resided in a different county of this
13state for 6 months. In either case, the court may, upon a motion and for good cause
14shown, transfer the case, along with all appropriate records, to the county of
15residence of the juvenile or parent.
AB130,200,20 16(3) Venue for a proceeding under s. 938.12 or 938.13 (12) based on an alleged
17violation of s. 175.45 (6) may be in the juvenile's county of residence at the time that
18the petition is filed or, if the juvenile does not have a county of residence in this state
19at the time that the petition is filed, any county in which the juvenile has resided
20while subject to s. 175.45.
AB130,200,2221 SUBCHAPTER IV
22 HOLDING A juvenile IN CUSTODY
AB130,200,24 23938.19 Taking a juvenile into custody. (1) A juvenile may be taken into
24custody under any of the following:
AB130,200,2525 (a) A warrant.
AB130,201,1
1(b) A capias issued by a judge under s. 938.28.
AB130,201,52 (c) An order of the judge if made upon a showing satisfactory to the judge that
3the welfare of the juvenile demands that the juvenile be immediately removed from
4his or her present custody. The order shall specify that the juvenile be held in custody
5under s. 938.207.
AB130,201,76 (d) Circumstances in which a law enforcement officer believes on reasonable
7grounds that any of the following conditions exists:
AB130,201,98 1. A capias or a warrant for the juvenile's apprehension has been issued in this
9state, or that the juvenile is a fugitive from justice.
AB130,201,1110 2. A capias or a warrant for the juvenile's apprehension has been issued in
11another state.
AB130,201,1312 3. The juvenile is committing or has committed an act which is a violation of
13a state or federal criminal law.
AB130,201,1514 4. The juvenile has run away from his or her parents, guardian or legal or
15physical custodian.
AB130,201,1716 5. The juvenile is suffering from illness or injury or is in immediate danger from
17his or her surroundings and removal from those surroundings is necessary.
AB130,201,2018 6. The juvenile has violated the terms of court-ordered supervision or aftercare
19supervision administered by the department of health and social services, the
20department of corrections or a county department.
AB130,201,2221 7. The juvenile has violated the conditions of an order under s. 938.21 (4) or the
22conditions of an order for temporary physical custody by an intake worker.
AB130,201,2523 8. The juvenile has violated a civil law or a local ordinance punishable by a
24forfeiture, except that in that case the juvenile shall be released immediately under
25s. 938.20 (2) (ag) or as soon as reasonably possible under s. 938.20 (2) (b) to (g).
AB130,202,2
110. The juvenile is absent from school without an acceptable excuse under s.
2118.15.
AB130,202,7 3(1m) A juvenile who is absent from school without an acceptable excuse under
4s. 118.15 may be taken into custody by an individual designated under s. 118.16 (2m)
5(a) if the school attendance officer of the school district in which the juvenile resides
6or the juvenile's parent, guardian or legal custodian requests that the juvenile be
7taken into custody. The request shall specifically identify the juvenile.
AB130,202,17 8(2) When a juvenile is taken into physical custody as provided in this section,
9the person taking the juvenile into custody shall immediately attempt to notify the
10parent, guardian and legal custodian of the juvenile by the most practical means.
11The person taking the juvenile into custody shall continue such attempt until the
12parent, guardian and legal custodian of the juvenile are notified, or the juvenile is
13delivered to an intake worker under s. 938.20 (3), whichever occurs first. If the
14juvenile is delivered to the intake worker before the parent, guardian and legal
15custodian are notified, the intake worker, or another person at his or her direction,
16shall continue the attempt to notify until the parent, guardian and legal custodian
17of the juvenile are notified.
AB130,202,19 18(3) Taking into custody is not an arrest except for the purpose of determining
19whether the taking into custody or the obtaining of any evidence is lawful.
AB130,202,23 20938.20 Release or delivery from custody. (2) (ag) Except as provided in
21pars. (b) to (g), a person taking a juvenile into custody shall make every effort to
22release the juvenile immediately to the juvenile's parent, guardian or legal
23custodian.
AB130,203,224 (b) If the juvenile's parent, guardian or legal custodian is unavailable,
25unwilling or unable to provide supervision for the juvenile, the person who took the

1juvenile into custody may release the juvenile to a responsible adult after counseling
2or warning the juvenile as may be appropriate.
AB130,203,53 (c) If the juvenile is 15 years of age or older, the person who took the juvenile
4into custody may release the juvenile without immediate adult supervision after
5counseling or warning the juvenile as may be appropriate.
AB130,203,96 (cm) If the juvenile has violated the terms of aftercare supervision
7administered by the department or a county department, the person who took the
8juvenile into custody may release the juvenile to the department or county
9department, whichever has aftercare supervision over the juvenile.
AB130,203,1110 (d) If the child is a runaway, the person who took the child into custody may
11release the child to a home authorized under s. 48.227.
AB130,203,2212 (e) If a juvenile is taken into custody under s. 938.19 (1) (d) 10., the law
13enforcement officer who took the juvenile into custody may release the juvenile
14under par. (ag) or (b) or, if the school board of the school district in which the juvenile
15resides has established a youth service center under s. 118.16 (4) (e), may deliver that
16juvenile to that youth service center. If the juvenile is delivered to a youth service
17center, personnel of the youth service center may release the juvenile to the juvenile's
18parent, guardian or legal custodian, or release the juvenile to the juvenile's school,
19after counseling the juvenile as may be appropriate. If the juvenile is released to the
20juvenile's school, personnel of the youth service center shall immediately notify the
21juvenile's parent, guardian and legal custodian that the juvenile was taken into
22custody under s. 938.19 (1) (d) 10. and released to the juvenile's school.
AB130,204,323 (f) If a juvenile is taken into custody under s. 938. 19 (1m), the person who took
24the juvenile into custody may release the juvenile under par. (ag), (b) or (e) or to the
25juvenile's school administrator, as defined in s. 125.09 (2) (a) 3., or a school employe

1designated by the school administrator. If a juvenile is released to a school
2administrator or the school administrator's designee under this paragraph, the
3school administrator or designee shall do all of the following:
AB130,204,64 1. Immediately notify the juvenile's parent, guardian or legal custodian that
5the juvenile was taken into custody under s. 938.19 (1m) and released to the school
6administrator or his or her designee.
AB130,204,117 2. Make a determination of whether the juvenile is a child at risk, as defined
8in s. 118.153 (1) (a), unless that determination has been made within the current
9school semester. If a juvenile is determined to be a child at risk under this
10subdivision, the school administrator shall provide a program for the juvenile
11according to the plan developed under s. 118.153 (2) (a).
AB130,204,1712 3. Provide the juvenile and his or her parent or guardian with an opportunity
13for educational counseling to determine whether a change in the juvenile's program
14or curriculum, including any of the modifications specified in s. 118.15 (1) (d), would
15resolve the juvenile's truancy problem, unless the juvenile and his or her parent or
16guardian have been provided with an opportunity for educational counseling within
17the current school semester.
AB130,204,2218 (g) If a juvenile is taken into custody under s. 938.19 (1) (d) 10. and is not
19released under par. (ag), (b) or (e) or if a juvenile is taken into custody under s. 938.19
20(1m) and is not released under par. (ag), (b), (e) or (f), the person who took the juvenile
21into custody shall release the juvenile without immediate adult supervision after
22counseling or warning the juvenile as may be appropriate.
AB130,205,8 23(3) If the juvenile is released under sub. (2) (b) to (d) or (g), the person who took
24the juvenile into custody shall immediately notify the juvenile's parent, guardian
25and legal custodian of the time and circumstances of the release and the person, if

1any, to whom the juvenile was released. If the juvenile is not released under sub. (2),
2the person who took the juvenile into custody shall arrange in a manner determined
3by the court and law enforcement agencies for the juvenile to be interviewed by the
4intake worker under s. 938.067 (2), and shall make a statement in writing with
5supporting facts of the reasons why the juvenile was taken into physical custody and
6shall give any juvenile 10 years of age or older a copy of the statement in addition to
7giving a copy to the intake worker. When the intake interview is not done in person,
8the report may be read to the intake worker.
AB130,205,13 9(4) If the juvenile is believed to be suffering from a serious physical condition
10which requires either prompt diagnosis or prompt treatment, the person taking the
11juvenile into physical custody, the intake worker or other appropriate person shall
12deliver the juvenile to a hospital as defined in s. 50.33 (2) (a) and (c) or physician's
13office.
AB130,205,20 14(5) If the juvenile is believed to be mentally ill, drug dependent or
15developmentally disabled, and exhibits conduct which constitutes a substantial
16probability of physical harm to the juvenile or to others, or a very substantial
17probability of physical impairment or injury to the juvenile exists due to the impaired
18judgment of the juvenile, and the standards of s. 51.15 are met, the person taking the
19juvenile into physical custody, the intake worker or other appropriate person shall
20proceed under s. 51.15.
AB130,205,25 21(6) If the juvenile is believed to be an intoxicated person who has threatened,
22attempted or inflicted physical harm on himself or herself or on another and is likely
23to inflict such physical harm unless committed, or is incapacitated by alcohol, the
24person taking the juvenile into physical custody, the intake worker or other
25appropriate person shall proceed under s. 51.45 (11).
AB130,206,3
1(7) (a) When a juvenile is interviewed by an intake worker, the intake worker
2shall inform any juvenile possibly involved in a delinquent act of his or her right to
3counsel and the right against self-incrimination.
AB130,206,84 (b) The intake worker shall review the need to hold the juvenile in custody and
5shall make every effort to release the juvenile from custody as provided in par. (c).
6The intake worker shall base his or her decision as to whether to release the juvenile
7or to continue to hold the juvenile in custody on the criteria specified in s. 938.205
8and criteria established under s. 938.06 (1) or (2).
AB130,206,99 (c) The intake worker may release the juvenile as follows:
AB130,206,1510 1. To a parent, guardian or legal custodian, or, if the parent, guardian or legal
11custodian is unavailable, unwilling or unable to provide supervision for the juvenile,
12release the juvenile to a responsible adult, counseling or warning the juvenile as may
13be appropriate, or, if the juvenile is 15 years of age or older, release the juvenile
14without immediate adult supervision, counseling or warning the juvenile as may be
15appropriate.
AB130,206,1816 1m. In the case of a juvenile who has violated the terms of aftercare supervision
17administered by the department or a county department, to the department or
18county department, whichever has aftercare supervision of the juvenile.
AB130,206,1919 2. In the case of a runaway juvenile, to a home authorized under s. 48.227.
AB130,206,2320 (d) If the juvenile is released from custody, the intake worker shall immediately
21notify the juvenile's parent, guardian and legal custodian of the time and
22circumstances of the release and the person, if any, to whom the juvenile was
23released.
AB130,207,17 24(8) If a juvenile is held in custody, the intake worker shall notify the juvenile's
25parent, guardian and legal custodian of the reasons for holding the juvenile in

1custody and of the juvenile's whereabouts unless there is reason to believe that notice
2would present imminent danger to the juvenile. If a juvenile who has violated the
3terms of aftercare supervision administered by the department or a county
4department is held in custody, the intake worker shall also notify the department or
5county department, whichever has supervision over the juvenile, of the reasons for
6holding the juvenile in custody, of the juvenile's whereabouts and of the time and
7place of the detention hearing required under s. 938.21. The parent, guardian and
8legal custodian shall also be notified of the time and place of the detention hearing
9required under s. 938.21, the nature and possible consequences of that hearing, the
10right to counsel under s. 938.23 regardless of ability to pay, and the right to present
11and cross-examine witnesses at the hearing. If the parent, guardian or legal
12custodian is not immediately available, the intake worker or another person
13designated by the court shall provide notice as soon as possible. When the juvenile
14is alleged to have committed a delinquent act, the juvenile shall receive the same
15notice about the detention hearing as the parent, guardian or legal custodian. The
16intake worker shall notify both the juvenile and the juvenile's parent, guardian or
17legal custodian.
AB130,207,21 18938.205Criteria for holding a juvenile in physical custody. (1) A
19juvenile may be held under s. 938.207, 938.208 or 938.209 if the intake worker
20determines that there is probable cause to believe the juvenile is within the
21jurisdiction of the court and if probable cause exists to believe one of the following:
AB130,207,2322 (a) That if the juvenile is not held he or she will commit injury to the person
23or property of others.
AB130,208,224 (b) That the parent, guardian or legal custodian of the juvenile or other
25responsible adult is unavailable, unwilling or unable to provide adequate

1supervision and care and that services to ensure the juvenile's safety and well-being
2are not available or would be inadequate.
AB130,208,53 (c) That the juvenile will run away or be taken away so as to be unavailable for
4proceedings of the court or its officers or proceedings of the division of hearings and
5appeals in the department of administration for revocation of aftercare supervision.
AB130,208,8 6(2) The criteria for holding a juvenile in custody specified in this section shall
7govern the decision of all persons responsible for determining whether the action is
8appropriate.
AB130,208,11 9938.207Places where a juvenile may be held in nonsecure custody.
10(1)
 A juvenile held in physical custody under s. 938.205 may be held in any of the
11following places:
AB130,208,1212 (a) The home of a parent or guardian.
AB130,208,1313 (b) The home of a relative.
AB130,208,1514 (c) A licensed foster home or a licensed treatment foster home provided the
15placement does not violate the conditions of the license.
AB130,208,1716 (cm) A licensed group home provided that the placement does not violate the
17conditions of the license.
AB130,208,1818 (d) A nonsecure facility operated by a licensed child welfare agency.
AB130,208,1919 (e) A licensed private or public shelter care facility.
AB130,208,2320 (f) The home of a person not a relative, if the placement does not exceed 30 days,
21though the placement may be extended for an additional 30 days for cause by the
22court, and if the person has not had a foster home or treatment foster home license
23refused, revoked or suspended within the last 2 years.
AB130,208,2524 (g) A hospital as defined in s. 50.33 (2) (a) and (c) or physician's office if the
25juvenile is held under s. 938.20 (4).
AB130,209,1
1(h) A place listed in s. 51.15 (2) if the juvenile is held under s. 938.20 (5).
AB130,209,32 (i) An approved public treatment facility for emergency treatment if the
3juvenile is held under s. 938.20 (6).
AB130,209,44 (k) A facility under s. 48.58.
AB130,209,9 5(2) If a facility listed in sub. (1) (b) to (k) is used to hold juveniles in custody,
6or if supervisory services of a home detention program are provided to juveniles held
7under sub. (1) (a), its authorized rate shall be paid by the county for the care of the
8juvenile. If no authorized rate has been established, a reasonable sum to be fixed by
9the court shall be paid by the county for the supervision or care of the juvenile.
AB130,209,12 10938.208 Criteria for holding a juvenile in a secure detention facility.
11A juvenile may be held in a secure detention facility if the intake worker determines
12that one of the following conditions applies:
AB130,209,20 13(1) Probable cause exists to believe that the juvenile has committed a
14delinquent act and either presents a substantial risk of physical harm to another
15person or a substantial risk of running away so as to be unavailable for a court
16hearing or a revocation hearing for juveniles on aftercare supervision. For juveniles
17on aftercare supervision, the delinquent act referred to in this section may be the act
18for which the juvenile was adjudged delinquent. If the intake worker determines
19that any of the following conditions applies, the juvenile is considered to present a
20substantial risk of physical harm to another person:
AB130,209,2421 (a) Probable cause exists to believe that the juvenile has committed a
22delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19
23(2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.23 (1g), (1m) or (1r), 943.32 (2),
24948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.
AB130,210,5
1(b) Probable cause exists to believe that the juvenile possessed, used or
2threatened to use a handgun, as defined in s. 175.35 (1) (b), short-barreled rifle, as
3defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
4while committing a delinquent act that would be a felony under ch. 940 if committed
5by an adult.
AB130,210,86 (c) Probable cause exists to believe that the juvenile has possessed or gone
7armed with a short-barreled rifle or a short-barreled shotgun in violation of s.
8941.28, or has possessed or gone armed with a handgun in violation of s. 948.60.
AB130,210,11 9(2) Probable cause exists to believe that the juvenile is a fugitive from another
10state or has run away from a secured correctional facility and there has been no
11reasonable opportunity to return the juvenile.
AB130,210,14 12(3) The juvenile consents in writing to being held in order to protect him or her
13from an imminent physical threat from another and such secure custody is ordered
14by the judge in a protective order.
AB130,210,18 15(4) Probable cause exists to believe that the juvenile, having been placed in
16nonsecure custody by an intake worker under s. 938.207 or by the judge or juvenile
17court commissioner under s. 938.21 (4), has run away or committed a delinquent act
18and no other suitable alternative exists.
AB130,210,25 19(5) Probable cause exists to believe that the juvenile has been adjudged or
20alleged to be delinquent and has run away from another county and would run away
21from nonsecure custody pending his or her return. A juvenile may be held in secure
22custody under this subsection for no more than 24 hours after the end of the day that
23the decision to hold the juvenile was made unless an extension of those 24 hours is
24ordered by the judge for good cause shown. Only one extension may be ordered by
25the judge.
AB130,211,3
1938.209Criteria for holding a juvenile in a county jail. Subject to the
2provisions of s. 938.208, a county jail may be used as a secure detention facility if the
3criteria under either sub. (1) or (2) are met:
AB130,211,5 4(1) There is no other secure detention facility approved by the department of
5corrections or a county which is available and all of the following conditions are met:
AB130,211,76 (a) The jail meets the standards for secure detention facilities established by
7the department of corrections.
AB130,211,98 (b) The juvenile is held in a room separated and removed from incarcerated
9adults.
AB130,211,1110 (c) The juvenile is not held in a cell designed for the administrative or
11disciplinary segregation of adults.
AB130,211,1212 (d) Adequate supervision is provided.
AB130,211,1313 (e) The judge reviews the status of the juvenile every 3 days.
AB130,211,17 14(2) The juvenile presents a substantial risk of physical harm to other persons
15in the secure detention facility, as evidenced by previous acts or attempts, which can
16only be avoided by transfer to the jail. The provisions of sub. (1) (a) to (e) shall be met.
17The juvenile shall be given a hearing and transferred only upon order of the judge.
AB130,211,20 18(3) The restrictions of this section do not apply to the use of jail for a juvenile
19who has been waived to adult court under s. 938.18 or who is under the jurisdiction
20of an adult court under s. 938.183.
Loading...
Loading...