LRB-3707/1
JEO:mfd:hmh
1997 - 1998 LEGISLATURE
December 18, 1997 - Introduced by Representatives Green, F. Lasee, Ryba, Dobyns,
Ziegelbauer, Seratti, Staskunas, Brandemuehl, Goetsch, Harsdorf, Hahn,
Porter, Musser, Duff, Freese, Ainsworth, Nass and Ott, cosponsored by
Senators Drzewiecki, Farrow, Darling, C. Potter, Roessler and Zien.
Referred to Committee on Judiciary.
AB658,1,2
1An Act to create 946.495 of the statutes;
relating to: violations of nonsecure
2custody orders by juveniles and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a juvenile may under certain circumstances be taken into
custody, including when there are reasonable grounds to believe that the juvenile has
violated a criminal law or when there is a warrant for the juvenile. In addition, a
court authorized to exercise jurisdiction under the juvenile justice code (juvenile
court) or an intake worker of a juvenile court may order that a juvenile be held in
custody if there is probable cause to believe that the juvenile court has jurisdiction
over the juvenile (for instance, if the juvenile is alleged to have committed a
delinquent act) and if there is probable cause to believe that one of the following
applies: 1) the juvenile will commit injury to the person or property of others if he
or she is not held in custody; 2) the juvenile is being neglected or inadequately
supervised and services to ensure the juvenile's safety and well-being are not
available or would be inadequate; or 3) the juvenile will run away or be taken away
so as to be unavailable for juvenile court or other proceedings.
If the criteria for holding a juvenile in custody are met, a juvenile may be held
in nonsecure physical custody in places such as the home of his or her parents or
guardian, the home of a relative, a licensed group home or foster home, a facility
operated by a licensed child welfare agency and certain other nonsecure settings. If
a juvenile runs away from nonsecure custody or commits a delinquent act while being
held in nonsecure custody, he or she may be held in a secure detention facility unless
a suitable alternative exists.
This bill makes it a crime for a juvenile alleged to have committed a delinquent
act and placed in nonsecure custody to intentionally fail to comply with the
conditions of his or her placement in nonsecure custody. A juvenile who violates this
prohibition may be subject to an additional allegation of delinquency that is based
on the violation. In addition, if certain criteria are met a juvenile who violates the
prohibition created in the bill may be waived into adult court and charged with a
crime based on the violation. If a juvenile is waived into adult court and charged with
a crime based on a violation of the prohibition created in the bill, the juvenile may,
upon conviction, be fined not more than $10,000 or imprisoned for not more than 9
months or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB658, s. 1
1Section
1. 946.495 of the statutes is created to read:
AB658,2,9
2946.495 Violation of nonsecure custody order. If a person has been placed
3in nonsecure custody by an intake worker under s. 938.207 or by a judge or juvenile
4court commissioner under s. 938.21 (4) and the person is alleged to be delinquent
5under s. 938.12, alleged to be in need of protection or services under s. 938.13 (12)
6or has been taken into custody for committing an act that is a violation of a state or
7federal criminal law, the person is guilty of a Class A misdemeanor if he or she
8intentionally fails to comply with the conditions of his or her placement in nonsecure
9custody.
