Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 254
15Section
254. 938.21 (2) (am) of the statutes is amended to read:
SB301,90,2016
938.21
(2) (am) A juvenile held in a nonsecure place of custody may waive in
17writing his or her right to participate in the hearing under this section. After any
18waiver, a rehearing shall be granted upon the request of the juvenile or any other
19interested party for good cause shown. Any juvenile transferred to a
secure juvenile 20detention 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.
SB301, s. 255
1Section
255. 938.22 (1) (d) of the statutes is amended to read:
SB301,91,52
938.22
(1) (d) The nonjudicial operational policies of a private
secure juvenile 3detention facility shall be established by the private entity operating the
secure 4juvenile detention facility. Those policies shall be executed by the superintendent
5appointed under sub. (3) (bm).
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 256
6Section
256. 938.22 (3) (bm) of the statutes is amended to read:
SB301,91,97
938.22
(3) (bm) A private juvenile detention facility shall be in the charge of
8a superintendent appointed by the private entity operating the
secure juvenile 9detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 257
10Section
257. 938.22 (5) of the statutes is amended to read:
SB301,91,1511
938.22
(5) County contracts with private facilities. A county board of
12supervisors, or 2 or more county boards of supervisors jointly, may contract with
13privately operated
secure juvenile detention facilities, shelter care facilities
, or home
14detention programs for purchase of services. A county board of supervisors may
15delegate this authority to its county department.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 258
16Section
258. 938.222 (title) of the statutes is amended to read:
SB301,91,18
17938.222 (title)
Contracts with private entities for secure juvenile
18detention facility services.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 259
19Section
259. 938.222 (2) (b) 1. of the statutes is amended to read:
SB301,92,4
1938.222
(2) (b) 1. The rates to be paid by the county for holding a juvenile in
2the private
secure juvenile detention facility and the charges to be paid by the county
3for any extraordinary medical and dental expenses and any programming provided
4for 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.
SB301, s. 260
5Section
260. 938.222 (2) (b) 2. of the statutes is amended to read:
SB301,92,76
938.222
(2) (b) 2. An agreement that the county retains jurisdiction over a
7juvenile 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.
SB301, s. 261
8Section
261. 938.222 (2) (b) 3. of the statutes is amended to read:
SB301,92,109
938.222
(2) (b) 3. An agreement that the private
secure juvenile detention
10facility 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.
SB301, s. 262
11Section
262. 938.223 (title) of the statutes is amended to read:
SB301,92,13
12938.223 (title)
Contracts with Minnesota counties for secure juvenile
13detention facility services.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 263
14Section
263. 938.223 (1) of the statutes is amended to read:
SB301,93,215
938.223
(1) Uses of facilities. The county board of supervisors of any county
16may contract with one or more counties in Minnesota that operate a
secure juvenile 17detention facility for the use of one or more Minnesota
secure juvenile detention
18facilities for the holding of juveniles who meet the criteria under s. 48.208, 938.17
19(1), 938.183 (1m) (a)
, or 938.208 or who are subject to a disposition under s. 938.17
1(1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1.
, or short-term detention
2under 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.
SB301, s. 264
3Section
264. 938.223 (2) (b) 1. of the statutes is amended to read:
SB301,93,84
938.223
(2) (b) 1. The rates to be paid by the Wisconsin county for holding a
5juvenile in the Minnesota
secure juvenile detention facility and the charges to be
6paid by the Wisconsin county for any extraordinary medical and dental expenses and
7any programming provided for a juvenile who is held in the Minnesota
secure 8juvenile detention facility.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 265
9Section
265. 938.223 (2) (b) 2. of the statutes is amended to read:
SB301,93,1110
938.223
(2) (b) 2. An agreement that the Wisconsin county retains jurisdiction
11over 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.
SB301, s. 266
12Section
266. 938.223 (2) (b) 3. of the statutes is amended to read:
SB301,93,1413
938.223
(2) (b) 3. An agreement that the Minnesota
secure juvenile detention
14facility 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.
SB301, s. 267
15Section
267. 938.224 (title) of the statutes is amended to read:
SB301,93,17
16938.224 (title)
Contracts with department for secure juvenile detention
17facility services.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 268
18Section
268. 938.224 (2) (a) (intro.) of the statutes is amended to read:
SB301,94,3
1938.224
(2) (a) (intro.) That the county may use a
secured juvenile correctional
2facility for holding a juvenile under sub. (1) only if any of the following criteria are
3met:
Note: The term "secured correctional facility" was changed to "juvenile
correctional facility" by
2005 Wis. Act 344.
SB301, s. 269
4Section
269. 938.224 (2) (a) 1. of the statutes is amended to read:
SB301,94,65
938.224
(2) (a) 1. There is no county-operated
secure juvenile detention facility
6approved 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.
SB301, s. 270
7Section
270. 938.224 (2) (a) 2. of the statutes is amended to read:
SB301,94,108
938.224
(2) (a) 2. There is no bed space available in a county-operated
secure 9juvenile detention facility approved by the department within 40 miles of the county
10seat of the county.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 271
11Section
271. 938.224 (2) (b) of the statutes is amended to read:
SB301,94,1512
938.224
(2) (b) That the county may use a
secured juvenile correctional facility
13for holding a juvenile under sub. (1) only if the department approves that use based
14on the availability of beds in the
secured juvenile correctional facility and on the
15programming needs of the juvenile.
Note: The term "secured correctional facility" was changed to "juvenile
correctional facility" by
2005 Wis. Act 344.
SB301, s. 272
16Section
272. 938.225 of the statutes is amended to read:
SB301,95,2
17938.225 Statewide plan for secure juvenile detention facilities. The
18department shall assist counties in establishing
secure juvenile detention facilities
19under s. 938.22 by developing and promulgating a statewide plan for the
1establishment and maintenance of suitable
secure juvenile detention facilities
2reasonably accessible to each court.
Note: 2005 Wis. Act 344 changed "secure detention facility" to "juvenile detention
facility" in all other sections of the statutes.
SB301,95,145
938.293
(3) Videotaped
Audiovisual recording of oral statement. Upon
6request prior to the fact-finding hearing, the district attorney shall disclose to the
7juvenile, and to the juvenile's counsel or guardian ad litem, the existence of any
8audiovisual recording of an oral statement of a child under s. 908.08 that is within
9the possession, custody, or control of the state and shall make reasonable
10arrangements for the requesting person to view the statement. If, after compliance
11with this subsection, the state obtains possession, custody, or control of the
12audiovisual recording of the oral statement, the district attorney shall promptly
13notify the requesting person of that fact and make reasonable arrangements for the
14requesting 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.
SB301, s. 275
1Section
275. 938.31 (3) (title) of the statutes is created to read:
SB301,96,22
938.31
(3) (title)
Admissibility of custodial interrogations.
Note: The other subsections of s. 938.31 have titles.
SB301, s. 276
3Section
276. 938.34 (3) (f) (intro.) of the statutes is amended to read:
SB301,96,64
938.34
(3) (f) (intro.) A
secure
juvenile detention facility or juvenile portion of
5a county jail that meets the standards promulgated by the department by rule, or in
6a 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.
SB301, s. 277
7Section
277. 938.34 (3) (f) 2. of the statutes is amended to read:
SB301,96,128
938.34
(3) (f) 2. The order may provide that the juvenile may be released from
9the
secure juvenile detention facility, juvenile portion of the jail
, or place of nonsecure
10custody during specified hours to attend school, to work at the juvenile's place of
11employment or to attend or participate in any activity which the court considers
12beneficial to the juvenile.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 278
13Section
278. 938.34 (3) (f) 3. of the statutes is amended to read:
SB301,96,1714
938.34
(3) (f) 3. The use of placement in a
secure juvenile detention facility or
15in a juvenile portion of a county jail as a disposition under this paragraph is subject
16to the adoption of a resolution by the county board of supervisors under s. 938.06 (5)
17authorizing 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.
SB301, s. 280
3Section
280. 938.345 (4) (title) of the statutes is created to read:
SB301,97,44
938.345
(4) (title)
Uncontrollable juveniles.
Note: The other subsections of s. 938.345 have titles.
SB301, s. 281
5Section
281. 938.355 (6) (d) 1. of the statutes is amended to read:
SB301,97,136
938.355
(6) (d) 1. Placement of the juvenile in a
secure juvenile detention
7facility or juvenile portion of a county jail that meets the standards promulgated by
8the department by rule or in a place of nonsecure custody, for not more than 10 days
9and the provision of educational services consistent with his or her current course
10of study during the period of placement. The juvenile shall be given credit against
11the period of detention or nonsecure custody imposed under this subdivision for all
12time spent in secure detention in connection with the course of conduct for which the
13detention or nonsecure custody was imposed.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 282
14Section
282. 938.355 (6d) (a) 1. of the statutes is amended to read:
SB301,98,1315
938.355
(6d) (a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
16general written policies adopted by the court under s. 938.06 (1) or (2) and to any
17policies adopted by the county board relating to the taking into custody and
18placement of a juvenile under this subdivision, if a juvenile who has been adjudged
19delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker
1or any other person authorized to provide or providing intake or dispositional
2services for the court under s. 938.067 or 938.069 may, without a hearing, take the
3juvenile into custody and place the juvenile in a
secure juvenile detention facility or
4juvenile portion of a county jail that meets the standards promulgated by the
5department by rule or in a place of nonsecure custody designated by that person for
6not more than 72 hours while the alleged violation and the appropriateness of a
7sanction under sub. (6) are being investigated. Short-term detention may be
8imposed under this subdivision only if at the dispositional hearing the court
9explained those conditions to the juvenile and informed the juvenile of that possible
10placement or if before the violation the juvenile has acknowledged in writing that he
11or she has read, or has had read to him or her, those conditions and that possible
12placement and that he or she understands those conditions and that possible
13placement.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
SB301, s. 283
14Section
283. 938.355 (6d) (a) 2. of the statutes is amended to read: