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:
938.225 Statewide plan for secure juvenile detention facilities. The department shall assist counties in establishing secure juvenile detention facilities under s. 938.22 by developing and promulgating a statewide plan for the establishment and maintenance of suitable secure juvenile detention facilities reasonably accessible to each court.
Note: 2005 Wis. Act 344 changed "secure detention facility" to "juvenile detention facility" in all other sections of the statutes.
938.293 (3) Videotaped
Audiovisual recording of oral statement. Upon request prior to the fact-finding hearing, the district attorney shall disclose to the juvenile, and to the juvenile's counsel or guardian ad litem, the existence of any audiovisual recording of an oral statement of a child under s. 908.08 that is within the possession, custody, or control of the state and shall make reasonable arrangements for the requesting person to view the statement. If, after compliance with this subsection, the state obtains possession, custody, or control of the audiovisual recording of the oral statement, the district attorney shall promptly notify the requesting person of that fact and make reasonable arrangements for the requesting person to view the statement.
Note: "Oral" replaced "such" in
2005 Wis. Act 344, requiring the insertion of the specific reference for clarity. Also, the title created by
2005 Wis. Act 344 for this provision references a "videotaped" oral statement, but that term was replaced with "audiovisual recording" by
2005 Wis. Act 42. This
Section conforms the title to the new terminology enacted by
2005 Wis. Act 42.
Note: There is no conflict of substance. As merged by the revisor, s. 938.299 (4) (b) reads:
(b) Except as provided in s. 901.05, common law and statutory rules of evidence are not binding at a waiver hearing under s. 938.18, a hearing for a juvenile held in custody under s. 938.21, a hearing under s. 938.296 (4) for a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), a hearing under s. 938.296 (5) for a juvenile who is alleged to have violated s. 946.43 (2m), a dispositional hearing, or any postdispositional hearing under this chapter. At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony, or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality, and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.
97,275
Section
275. 938.31 (3) (title) of the statutes is created to read:
938.31 (3) (title) Admissibility of custodial interrogations.
Note: The other subsections of s. 938.31 have titles.
97,276
Section
276. 938.34 (3) (f) (intro.) of the statutes is amended to read:
938.34 (3) (f) (intro.) A secure
juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule, or in a place of nonsecure custody designated by the court, subject to all of the following:
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,277
Section
277. 938.34 (3) (f) 2. of the statutes is amended to read:
938.34 (3) (f) 2. The order may provide that the juvenile may be released from the secure juvenile detention facility, juvenile portion of the jail, or place of nonsecure custody during specified hours to attend school, to work at the juvenile's place of employment or to attend or participate in any activity which the court considers beneficial to the juvenile.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
97,278
Section
278. 938.34 (3) (f) 3. of the statutes is amended to read:
938.34 (3) (f) 3. The use of placement in a secure juvenile detention facility or in a juvenile portion of a county jail as a disposition under this paragraph is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a disposition.
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. 938.34 (4h) (a) reads:
(a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing or conspiring to commit a violation of s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
97,280
Section
280. 938.345 (4) (title) of the statutes is created to read:
938.345 (4) (title) Uncontrollable juveniles.
Note: The other subsections of s. 938.345 have titles.
97,281
Section
281. 938.355 (6) (d) 1. of the statutes is amended to read:
938.355 (6) (d) 1. Placement of the juvenile in a secure juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.
Note: The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344.
