LRB-1099/2
GMM:kaf:km
1997 - 1998 LEGISLATURE
August 26, 1997 - Introduced by Representatives Foti, Gunderson, Porter,
Musser, Staskunas, Goetsch, M. Lehman, Green, Gard, Owens, Ziegelbauer,
Ladwig, Boyle, Powers, Sykora, Hahn, Nass, Vrakas, La Fave, Hasenohrl,
Ward, Brandemuehl, Lazich and Grothman, cosponsored by Senators
Fitzgerald, Cowles, Huelsman, Roessler, Welch, Darling and Farrow.
Referred to Committee on Corrections Facilities.
AB486,1,5
1An Act to renumber 938.209 (1);
to renumber and amend 938.209 (intro.) and
2938.209 (2);
to amend 808.075 (4) (fn) 3., 938.205 (1) (intro.), 938.21 (1) (a),
3938.21 (4) (b), 938.299 (5) and 938.38 (2) (a); and
to create 938.209 (2m) of the
4statutes;
relating to: holding juveniles in municipal lockup facilities and
5granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, as a condition for receiving funding under the federal
Juvenile Justice and Delinquency Prevention Act, a juvenile may not be held in
custody in a county jail or a municipal lockup facility unless the following conditions
are met:
1. The juvenile is alleged to have committed a delinquent act and is awaiting
his or her initial court appearance.
2. State law requires an initial court appearance within 24 hours, excluding
weekends and holidays, after the juvenile is taken into custody.
3. The juvenile is being held in a county that is located outside of a federal
standard metropolitan statistical area.
4. No acceptable alternative placement for the juvenile exists.
5. The county jail or municipal lockup facility provides for sight and sound
separation of juveniles and adults who are held in that jail or facility.
This bill permits a juvenile who is alleged to have committed a delinquent act
to be held in a municipal lockup facility if all of the following criteria are met:
1. The department of corrections has approved the municipal lockup facility as
a suitable place for holding juveniles in custody.
2. The juvenile is held in the municipal lockup facility for not more than 6 hours
while awaiting his or her initial court appearance.
3. There is sight and sound separation between the juvenile and any adult who
is being held in the municipal lockup facility.
4. The juvenile is held for investigative purposes only.
For further information see the 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:
AB486, s. 1
1Section
1. 808.075 (4) (fn) 3. of the statutes is amended to read:
AB486,2,32
808.075
(4) (fn) 3. Review of secure detention orders under s. 938.208 and
3secure detention status reviews under s. 938.209 (1)
(e) (a) 5.
AB486, s. 2
4Section
2. 938.205 (1) (intro.) of the statutes is amended to read:
AB486,2,85
938.205
(1) (intro.) A juvenile may be held under s. 938.207, 938.208 or
6938.209
(1) if the intake worker determines that there is probable cause to believe
7the juvenile is within the jurisdiction of the court and if probable cause exists to
8believe one of the following:
AB486, s. 3
9Section
3. 938.209 (intro.) of the statutes is renumbered 938.209 (1) (intro.)
10and amended to read:
AB486,2,14
11938.209 (title)
Criteria for holding a juvenile in a county jail or a
12municipal lockup facility. (1) (intro.) Subject to
the provisions of s. 938.208, a
13county jail may be used as a secure detention facility if the criteria under either
sub.
14(1) par. (a) or
(2) (b) are met:
AB486, s. 4
15Section
4. 938.209 (1) of the statutes is renumbered 938.209 (1) (a).
AB486, s. 5
16Section
5. 938.209 (2) of the statutes is renumbered 938.209 (1) (b) and
17amended to read:
AB486,3,5
1938.209
(1) (b) The juvenile presents a substantial risk of physical harm to
2other persons in the secure detention facility, as evidenced by previous acts or
3attempts, which can only be avoided by transfer to the jail. The
provisions of sub.
4(1) (a) to (e) conditions of par. (a) 1. to 5. shall be met. The juvenile shall be given a
5hearing and transferred only upon order of the judge.
AB486, s. 6
6Section
6. 938.209 (2m) of the statutes is created to read:
AB486,3,97
938.209
(2m) (a) (intro.) A juvenile who is alleged to have committed a
8delinquent act may be held in a municipal lockup facility if all of the following criteria
9are met:
AB486,3,1110
1. The department has approved the municipal lockup facility as a suitable
11place for holding juveniles in custody.
AB486,3,1312
2. The juvenile is held in the municipal lockup facility for not more than 6 hours
13while awaiting his or her hearing under s. 938.21 (1) (a).
AB486,3,1514
3. There is sight and sound separation between the juvenile and any adult who
15is being held in the municipal lockup facility.
AB486,3,1616
4. The juvenile is held for investigative purposes only.
AB486,3,2117
(b) The department shall promulgate rules establishing minimum
18requirements for the approval of a municipal lockup facility as a suitable place for
19holding juveniles in custody and for the operation of such a facility. The rules shall
20be designed to protect the health, safety and welfare of the juveniles held in those
21facilities.
AB486, s. 7
22Section
7. 938.21 (1) (a) of the statutes is amended to read:
AB486,4,1023
938.21
(1) (a) If a juvenile who has been taken into custody is not released
24under s. 938.20, a hearing to determine whether the juvenile shall continue to be held
25in custody under the criteria of ss. 938.205 to 938.209
(1) shall be conducted by the
1judge or juvenile court commissioner within 24 hours after the end of the day that
2the decision to hold the juvenile was made, excluding Saturdays, Sundays and legal
3holidays. By the time of the hearing a petition under s. 938.25 shall be filed, except
4that no petition need be filed where a juvenile is taken into custody under s. 938.19
5(1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state, in which
6case a written statement of the reasons for holding a juvenile in custody shall be
7substituted if the petition is not filed. If no hearing has been held within 24 hours
8or if no petition or statement has been filed at the time of the hearing, the juvenile
9shall be released except as provided in par. (b). A parent not present at the hearing
10shall be granted a rehearing upon request.
AB486, s. 8
11Section
8. 938.21 (4) (b) of the statutes is amended to read:
AB486,4,1312
938.21
(4) (b) Order the juvenile held in an appropriate manner under s.
13938.207, 938.208 or 938.209
(1).
AB486, s. 9
14Section
9. 938.299 (5) of the statutes is amended to read:
AB486,4,2015
938.299
(5) On request of any party, unless good cause to the contrary is shown,
16any hearing under s. 938.209 (1)
(e) (a) 5. or 938.21 (1) may be held on the record by
17telephone or live audio-visual means or testimony may be received by telephone or
18live audio-visual means as prescribed in s. 807.13 (2). The request and the showing
19of good cause for not conducting the hearing or admitting testimony by telephone or
20live audio-visual means may be made by telephone.
AB486, s. 10
21Section
10. 938.38 (2) (a) of the statutes is amended to read:
AB486,4,2322
938.38
(2) (a) The juvenile is being held in physical custody under s. 938.207,
23938.208 or 938.209
(1).
AB486,5,2
1(1)
Holding juveniles in municipal lockup facilities. This act first applies to
2juveniles taken into custody on the effective date of this subsection.
