Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
Note: There is no conflict of substance. As merged by the revisor, s. 938.17 (2) (a) 3. (intro.) reads:
3. Except as provided in subd. 1m., when a juvenile is alleged to have violated a municipal ordinance, one of the following may occur:
Note: There is no conflict of substance. As merged by the revisor, s. 938.18 (1) (a), as renumbered from s. 938.18 (1) (a) 1. by
2005 Wisconsin Act 344, reads:
(a) The juvenile is alleged to have violated s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31, 943.10 (2), 943.32 (2), 943.87, or 961.41 (1) on or after the juvenile's 14th birthday.
97,245
Section
245. 938.183 (1m) (a) of the statutes is amended to read:
938.183 (1m) (a) If the juvenile is under 15 years of age, the juvenile may be held in secure custody only in a secure juvenile detention facility or in the juvenile portion of a county jail.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,246
Section
246. 938.195 (1) (title) of the statutes is created to read:
938.195 (1) (title) Definitions.
97,247
Section
247. 938.195 (1) (c) of the statutes is amended to read:
938.195 (1) (c) "Place of detention" means a secure juvenile detention facility, jail, municipal lockup facility, or secured juvenile correctional facility, or a police or sheriff's office or other building under the control of a law enforcement agency, at which juveniles are held in custody in connection with an investigation of a delinquent act.
Note: The term "secure detention facility" was changed to "juvenile detention facility" and the term "secured correctional facility" was changed to "juvenile correctional facility" by
2005 Wis. Act 344.
97,248
Section
248. 938.195 (2) (title) of the statutes is created to read:
938.195 (2) (title) When required.
97,249
Section
249. 938.195 (3) (title) of the statutes is created to read:
938.195 (3) (title) Notice not required.
97,250
Section
250. 938.208 (intro.) of the statutes is amended to read:
938.208 Criteria for holding a juvenile in a secure juvenile detention facility. (intro.) A juvenile may be held in a secure juvenile detention facility if the intake worker determines that one any of the following conditions applies:
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,251
Section
251. 938.209 (1) (intro.) of the statutes is amended to read:
938.209 (1) County jail. (intro.) Subject to s. 938.208, a county jail may be used as a secure juvenile detention facility if the criteria under either par. (a) or (b) are met:
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,252
Section
252. 938.209 (1) (a) (intro.) of the statutes is amended to read:
938.209 (1) (a) (intro.) There is no other secure juvenile detention facility approved by the department or a county which is available and all of the following conditions are met:
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,253
Section
253. 938.209 (1) (a) 1. of the statutes is amended to read:
938.209 (1) (a) 1. The jail meets the standards for secure juvenile detention facilities established by the department.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,254
Section
254. 938.21 (2) (am) of the statutes is amended to read:
938.21 (2) (am) A juvenile held in a nonsecure place of custody may waive in writing his or her right to participate in the hearing under this section. After any waiver, a rehearing shall be granted upon the request of the juvenile or any other interested party for good cause shown. Any juvenile transferred to a secure juvenile detention facility shall thereafter have a rehearing under this section.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,255
Section
255. 938.22 (1) (d) of the statutes is amended to read:
938.22 (1) (d) The nonjudicial operational policies of a private secure juvenile detention facility shall be established by the private entity operating the secure
juvenile detention facility. Those policies shall be executed by the superintendent appointed under sub. (3) (bm).
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,256
Section
256. 938.22 (3) (bm) of the statutes is amended to read:
938.22 (3) (bm) A private juvenile detention facility shall be in the charge of a superintendent appointed by the private entity operating the secure juvenile detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,257
Section
257. 938.22 (5) of the statutes is amended to read:
938.22 (5) County contracts with private facilities. A county board of supervisors, or 2 or more county boards of supervisors jointly, may contract with privately operated secure juvenile detention facilities, shelter care facilities, or home detention programs for purchase of services. A county board of supervisors may delegate this authority to its county department.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,258
Section
258. 938.222 (title) of the statutes is amended to read:
938.222 (title) Contracts with private entities for secure juvenile detention facility services.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,259
Section
259. 938.222 (2) (b) 1. of the statutes is amended to read:
938.222 (2) (b) 1. The rates to be paid by the county for holding a juvenile in the private secure juvenile detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private secure juvenile detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,260
Section
260. 938.222 (2) (b) 2. of the statutes is amended to read:
938.222 (2) (b) 2. An agreement that the county retains jurisdiction over a juvenile who is held in the private secure juvenile detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,261
Section
261. 938.222 (2) (b) 3. of the statutes is amended to read:
938.222 (2) (b) 3. An agreement that the private secure juvenile detention facility is subject to investigation and inspection by the department under s. 301.36.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,262
Section
262. 938.223 (title) of the statutes is amended to read:
938.223 (title) Contracts with Minnesota counties for secure juvenile detention facility services.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,263
Section
263. 938.223 (1) of the statutes is amended to read:
938.223 (1) Uses of facilities. The county board of supervisors of any county may contract with one or more counties in Minnesota that operate a secure juvenile detention facility for the use of one or more Minnesota secure juvenile detention facilities for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,264
Section
264. 938.223 (2) (b) 1. of the statutes is amended to read:
938.223 (2) (b) 1. The rates to be paid by the Wisconsin county for holding a juvenile in the Minnesota secure juvenile detention facility and the charges to be paid by the Wisconsin county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the Minnesota secure juvenile detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,265
Section
265. 938.223 (2) (b) 2. of the statutes is amended to read:
938.223 (2) (b) 2. An agreement that the Wisconsin county retains jurisdiction over a juvenile who is held in the Minnesota secure juvenile detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,266
Section
266. 938.223 (2) (b) 3. of the statutes is amended to read:
938.223 (2) (b) 3. An agreement that the Minnesota secure juvenile detention facility is subject to investigation and inspection by the department under s. 301.36.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,267
Section
267. 938.224 (title) of the statutes is amended to read:
938.224 (title) Contracts with department for secure juvenile detention facility services.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,268
Section
268. 938.224 (2) (a) (intro.) of the statutes is amended to read:
938.224 (2) (a) (intro.) That the county may use a secured juvenile correctional facility for holding a juvenile under sub. (1) only if any of the following criteria are met:
Note: The term "secured correctional facility" was changed to "juvenile correctional facility" by
2005 Wis. Act 344.
97,269
Section
269. 938.224 (2) (a) 1. of the statutes is amended to read:
938.224 (2) (a) 1. There is no county-operated secure juvenile detention facility approved by the department within 40 miles of the county seat of the county.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,270
Section
270. 938.224 (2) (a) 2. of the statutes is amended to read:
938.224 (2) (a) 2. There is no bed space available in a county-operated secure juvenile detention facility approved by the department within 40 miles of the county seat of the county.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,271
Section
271. 938.224 (2) (b) of the statutes is amended to read:
938.224 (2) (b) That the county may use a secured juvenile correctional facility for holding a juvenile under sub. (1) only if the department approves that use based on the availability of beds in the secured juvenile correctional facility and on the programming needs of the juvenile.
Note: The term "secured correctional facility" was changed to "juvenile correctional facility" by
2005 Wis. Act 344.
97,272
Section
272. 938.225 of the statutes is amended to read:
