Wisconsin Statutes 938.209 – Criteria for holding a juvenile in a county jail or a municipal lockup facility
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Terms Used In Wisconsin Statutes 938.209
- Adult: means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
(1) County jail. Subject to s. 938.208, a county jail may be used as a juvenile detention facility if the criteria under either par. (a) or (b) are met:
(a) No other juvenile detention facility approved by the department of corrections or a county is available and all of the following conditions are met:
1. The jail meets the standards for juvenile detention facilities established by the department of corrections.
2. The juvenile is held in a room separated and removed from incarcerated adults.
3. The juvenile is not held in a cell designed for the administrative or disciplinary segregation of adults.
4. Adequate supervision is provided.
5. The court reviews the status of the juvenile every 3 days.
(b) The juvenile presents a substantial risk of physical harm to other persons in the juvenile detention facility, as evidenced by previous acts or attempts, which can only be avoided by transfer to the jail. The conditions of par. (a) 1. to 5. shall be met. The juvenile shall be given a hearing and may be transferred only upon a court order.
(2m) Municipal lockup.
(a) A juvenile who is alleged to have committed a delinquent act may 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 hearing under s. 938.21 (1) (a).
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.
(b) The department of corrections shall promulgate rules establishing minimum requirements for the approval of a municipal lockup facility as a suitable place for holding juveniles in custody and for the operation of such a facility. The rules shall be designed to protect the health, safety, and welfare of the juveniles held in those facilities.
(3) Juveniles under adult court jurisdiction. The restrictions of this section do not apply to the use of jail for a juvenile who has been waived to adult court under s. 938.18 or who is under the jurisdiction of an adult court under s. 938.183, unless the juvenile is under the jurisdiction of an adult court under s. 938.183 (1) and is under 15 years of age.