938.209 Criteria for holding a juvenile in a county jail or a municipal lockup facility.
(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.
History: 1995 a. 77, 352; 1997 a. 35, 296; 2005 a. 344; 2007 a. 97; 2015 a. 55.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 938 - Juvenile justice code.
938.01 - Title, legislative intent and purposes.
938.028 - Indian juvenile welfare.
938.03 - Time and place of court; absence or disability of judge.
938.067 - Powers and duties of intake workers.
938.069 - Powers and duties of disposition staff.
938.07 - Additional sources of court services.
938.08 - Duties of person furnishing services to court.
938.09 - Representation of the interests of the public.
938.10 - Power of the judge to act as intake worker.
938.12 - Jurisdiction over juveniles alleged to be delinquent.
938.125 - Jurisdiction over juveniles alleged to have violated civil laws or ordinances.
938.13 - Jurisdiction over juveniles alleged to be in need of protection or services.
938.135 - Referral of juveniles to proceedings under ch. 51 or 55.
938.14 - Jurisdiction over interstate compact proceedings.
938.15 - Jurisdiction of other courts to determine legal custody.
938.18 - Jurisdiction for criminal proceedings for juveniles 14 or older; waiver hearing.
938.183 - Original adult court jurisdiction for criminal proceedings.
938.19 - Taking a juvenile into custody.
938.195 - Recording custodial interrogations.
938.20 - Release or delivery from custody.
938.205 - Criteria for holding a juvenile in physical custody.
938.207 - Places where a juvenile may be held in nonsecure custody.
938.208 - Criteria for holding a juvenile in a juvenile detention facility.
938.209 - Criteria for holding a juvenile in a county jail or a municipal lockup facility.
938.21 - Hearing for juvenile in custody.
938.217 - Change in placement; juvenile held in custody.
938.22 - County and private juvenile facilities.
938.222 - Contracts with private entities for juvenile detention facility services.
938.223 - Contracts with Minnesota counties for juvenile detention facility services.
938.224 - Contracts with department for juvenile detention facility services.
938.225 - Statewide plan for juvenile detention and correctional facilities.
938.24 - Receipt of jurisdictional information; intake inquiry.
938.243 - Basic rights: duty of intake worker.
938.245 - Deferred prosecution.
938.25 - Petition: authorization to file.
938.255 - Petition; form and content.
938.263 - Amendment of petition.
938.265 - Consultation with victims.
938.273 - Service of summons or notice; expense.
938.275 - Parents' contribution to cost of custody, sanctions and court and legal services.
938.28 - Failure to obey summons; capias.
938.29 - Substitution of judge.
938.295 - Physical, psychological, mental or developmental examination.
938.296 - Testing for HIV infection and certain diseases.
938.2965 - Waiting area for victims and witnesses.
938.297 - Motions before trial.
938.299 - Procedures at hearings.
938.305 - Hearing upon the involuntary removal of a juvenile.
938.31 - Fact-finding hearing.
938.312 - Notice of dismissal.
938.315 - Delays, continuances and extensions.
938.325 - Proceedings by telephone or live audiovisual means.
938.331 - Court reports; effect on victim.
938.335 - Dispositional hearings.
938.34 - Disposition of juvenile adjudged delinquent.
938.341 - Delinquency adjudication; restriction on firearm possession.
938.3415 - Delinquency adjudication; restriction on body armor possession.
938.342 - Disposition; truancy and school dropout ordinance violations.
938.343 - Disposition of juvenile adjudged to have violated a civil law or an ordinance.
938.344 - Disposition; certain intoxicating liquor, beer and drug violations.
938.345 - Disposition of juvenile adjudged in need of protection or services.
938.346 - Notice to victims of juveniles' acts.
938.35 - Effect of judgment and disposition.
938.355 - Dispositional orders.
938.356 - Duty of court to warn.
938.357 - Change in placement; juvenile subject to dispositional order.
938.358 - Trial reunification.
938.36 - Payment for services.
938.361 - Payment for alcohol and other drug abuse services.
938.362 - Payment for certain special treatment or care services.
938.363 - Revision of dispositional orders.
938.364 - Dismissal of certain dispositional orders.
938.365 - Extension of orders.
938.366 - Extended out-of-home care.
938.368 - Continuation of dispositional orders.
938.371 - Access to certain information by substitute care provider.
938.373 - Medical authorization.
938.383 - Reasonable and prudent parent standard.
938.385 - Plan for transition to independent living.
938.39 - Disposition by court bars criminal proceeding.
938.44 - Jurisdiction over persons 17 or older.
938.45 - Orders applicable to adults.
938.47 - Motion for postdisposition relief and appeal.
938.48 - Authority of department of corrections.
938.485 - Authority of department.
938.50 - Examination of juveniles under supervision of department of corrections.
938.505 - Juveniles placed under correctional supervision.
938.51 - Notification of release or escape of juvenile from correctional custody or supervision.
938.52 - Facilities for care of juveniles in care of department of corrections.
938.53 - Duration of control of department of corrections over delinquents.
938.533 - Community supervision.
938.534 - Intensive supervision program.
938.535 - Early release and intensive supervision program; limits.
938.538 - Serious juvenile offender program.
938.546 - Juvenile treatment court grant program.
938.547 - Juvenile alcohol and other drug abuse pilot program.
938.548 - Multidisciplinary screen and assessment criteria.
938.549 - Juvenile classification system.
938.57 - Powers and duties of county departments providing juvenile welfare services.
938.59 - Examination and records.
938.595 - Duration of control of county departments over delinquents.
938.78 - Confidentiality of records.
938.795 - Powers of the department.
938.988 - Interstate placement of juveniles.