2007 Wisconsin Act 97

938.195 (1) (title) Definitions.

Note: Section 938.195 was created by 2005 Wis. Act 60 without subsection titles. As a result of 2005 Wis. Act 344, all other subsections in ch. 938 have titles.

97,247 Section 247. 938.195 (1) (c) of the statutes is amended to read:

938.195 (1) (c) "Place of detention" means a secure juvenile detention facility, jail, municipal lockup facility, or secured juvenile correctional facility, or a police or sheriff's office or other building under the control of a law enforcement agency, at which juveniles are held in custody in connection with an investigation of a delinquent act.

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

97,248 Section 248. 938.195 (2) (title) of the statutes is created to read:

938.195 (2) (title) When required.

Note: Section 938.195 was created by 2005 Wis. Act 60 without subsection titles. As a result of 2005 Wis. Act 344, all other subsections in ch. 938 have titles.

97,249 Section 249. 938.195 (3) (title) of the statutes is created to read:

938.195 (3) (title) Notice not required.

Note: Section 938.195 was created by 2005 Wis. Act 60 without subsection titles. As a result of 2005 Wis. Act 344, all other subsections in ch. 938 have titles.

97,250 Section 250. 938.208 (intro.) of the statutes is amended to read:

938.208 Criteria for holding a juvenile in a secure juvenile detention facility. (intro.) A juvenile may be held in a secure juvenile detention facility if the intake worker determines that one any of the following conditions applies:

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

97,251 Section 251. 938.209 (1) (intro.) of the statutes is amended to read:

938.209 (1) County jail. (intro.) Subject to s. 938.208, a county jail may be used as a secure juvenile detention facility if the criteria under either par. (a) or (b) are met:

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

97,252 Section 252. 938.209 (1) (a) (intro.) of the statutes is amended to read:

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.

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.