2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Senators Stroebel and Olsen, cosponsored by
Representatives Gundrum, Ramthun, Horlacher, Brooks, Dittrich,
Hutton, Skowronski and Bowen. Referred to Committee on Judiciary and
Public Safety.
SB652,1,2 1An Act to amend 801.15 (1) (b) and 938.21 (1) (a) of the statutes; relating to:
2hearing timelines for juveniles in custody.
Analysis by the Legislative Reference Bureau
Under this bill, for the purpose of calculating the timeline for holding a hearing
to determine whether to continue to hold a juvenile who is taken into custody under
the Juvenile Justice Code, the last day of the statutory period is not included if it is
a day that the clerk of courts office is closed.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB652,1 3Section 1. 801.15 (1) (b) of the statutes is amended to read:
SB652,2,44 801.15 (1) (b) Notwithstanding ss. 985.09 and 990.001 (4), in computing any
5period of time prescribed or allowed by chs. 801 to 847, for a hearing held by a court
6under s. 938.21 (1) (a)
, by any other statute governing actions and special
7proceedings, or by order of court, the day of the act, event, or default from which the

1designated period of time begins to run shall not be included. The last day of the
2period so computed shall be included, unless it is a day the clerk of courts office is
3closed. When the period of time prescribed or allowed is less than 11 days, Saturdays,
4Sundays and holidays shall be excluded in the computation.
SB652,2 5Section 2. 938.21 (1) (a) of the statutes is amended to read:
SB652,2,216 938.21 (1) (a) If a juvenile who has been taken into custody is not released
7under s. 938.20, a hearing to determine whether to continue to hold the juvenile in
8custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the court
9within 24 hours after the end of the day on which the decision to hold the juvenile
10was made, excluding Saturdays, Sundays, and legal holidays as computed under s.
11801.15 (1) (b)
. By the time of the hearing a petition under s. 938.25 or a request for
12a change in placement under s. 938.357, a request for a revision of the dispositional
13order under s. 938.363, or a request for an extension of a dispositional order under
14s. 938.365 shall be filed, except that no petition or request need be filed if a juvenile
15is taken into custody under s. 938.19 (1) (b) or (d) 2., 6., or 7. or if the juvenile is a
16runaway from another state, in which case a written statement of the reasons for
17holding a juvenile in custody shall be substituted if the petition is not filed. If no
18hearing has been held within 24 hours or if no petition, request, or statement has
19been filed at the time of the hearing, the juvenile shall be released except as provided
20in par. (b). The court shall grant a rehearing upon request of a parent not present
21at the hearing for good cause shown.
SB652,3 22Section 3. Initial applicability.
SB652,2,2423 (1) This act first applies to a juvenile who is taken into custody under s. 938.19
24on the effective date of this subsection.
SB652,2,2525 (End)