2021 - 2022 LEGISLATURE
March 31, 2021 - Introduced by Senators Stroebel and Felzkowski, cosponsored
by Representatives Gundrum, Horlacher, Loudenbeck, Ramthun, Brooks,
Spiros, Dittrich, Mursau, Moses, Skowronski and Knodl. Referred to
Committee on Judiciary and Public Safety.
1An Act to amend
938.21 (1) (a) of the statutes; relating to: hearing timelines
2for juveniles in custody.
Analysis by the Legislative Reference Bureau
Under current law, within 24 hours after the end of the day on which a juvenile
is taken into custody under the Juvenile Justice Code, the juvenile court must hold
a hearing to determine whether to continue to hold the juvenile in custody. Under
current law, the 24-hour period excludes Saturdays, Sundays, and legal holidays.
Under this bill, a day that the clerk of court's office is closed is also excluded, if the
closure is due to inclement weather or another unforeseen emergency.
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:
938.21 (1) (a) of the statutes is amended to read:
(a) If a juvenile who has been taken into custody is not released 5
under s. 938.20, a hearing to determine whether to continue to hold the juvenile in 6
custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the court
within 24 hours after the end of the day on which the decision to hold the juvenile 2
was made, excluding Saturdays, Sundays, and
legal holidays, and days on which the
3clerk of court's office is closed due to inclement weather or another unforeseen
. By the time of the hearing a petition under s. 938.25 or a request for a 5
change in placement under s. 938.357, a request for a revision of the dispositional 6
order under s. 938.363, or a request for an extension of a dispositional order under 7
s. 938.365 shall be filed, except that no petition or request need be filed if a juvenile 8
is taken into custody under s. 938.19 (1) (b) or (d) 2., 6., or 7. or if the juvenile is a 9
runaway from another state, in which case a written statement of the reasons for 10
holding a juvenile in custody shall be substituted if the petition is not filed. If no 11
hearing has been held within 24 hours or if no petition, request, or statement has 12
been filed at the time of the hearing, the juvenile shall be released except as provided 13
in par. (b). The court shall grant a rehearing upon request of a parent not present 14
at the hearing for good cause shown.
(1) This act first applies to a juvenile who is taken into custody under s. 938.19 17
on the effective date of this subsection.