2007 Wisconsin Act 97

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.

97,273 Section 273. 938.293 (3) of the statutes, as affected by 2005 Wisconsin Acts 42 and 344, is amended to read:

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.

97,274 Section 274. The treatment of 938.299 (4) (b) of the statutes by 2005 Wisconsin Act 277 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

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.

97,279 Section 279. The treatment of 938.34 (4h) (a) of the statutes by 2005 Wisconsin Act 253 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

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.

97,282 Section 282. 938.355 (6d) (a) 1. of the statutes is amended to read:

938.355 (6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place 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 designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under sub. (6) are being investigated. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

97,283 Section 283. 938.355 (6d) (a) 2. of the statutes is amended to read:

938.355 (6d) (a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place 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 designated by that person for not more than 72 hours as a consequence of that violation. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

97,284 Section 284. 938.355 (6d) (b) 2. of the statutes is amended to read:

938.355 (6d) (b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2), to any policies adopted by the county department relating to aftercare supervision administered by the county department, and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who is on aftercare supervision administered by the county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place 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 designated by that person for not more than 72 hours as a consequence of that violation. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement of the juvenile, modify the terms of the placement, or order the juvenile to be released from custody.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.