Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1084 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1084
5	5	February 12, 2024 - Introduced by Representatives DONOVAN, GUNDRUM, MAXEY,
6	6	MICHALSKI, NOVAK, RETTINGER, TUSLER and WICHGERS, cosponsored by
7	7	Senators HUTTON, BRADLEY, STROEBEL, JACQUE, JAMES and WANGGAARD.
8	8	Referred to Committee on Corrections.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 938.067 (3), 938.19 (1) (d) 7., 938.20 (7) (b) and 938.205 (1)
11	11	(intro.) of the statutes; relating to: determining whether to hold or release a
12	12	juvenile from custody.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, when a juvenile who is possibly involved with a delinquent
15	15	act is taken into custody and not released by the person who took the juvenile into
16	16	custody, a court intake worker must interview the juvenile and determine whether
17	17	to hold the juvenile temporarily in custody or release him or her. Current law
18	18	requires the intake worker to base that decision on whether probable cause exists to
19	19	believe that 1) the juvenile will commit injury to a person or property; 2) the parent,
20	20	guardian, legal custodian, or other responsible adult is neglecting, refusing, unable,
21	21	or unavailable to provide adequate supervision and that care and services to ensure
22	22	the juvenile's safety and well-being are not available or would be inadequate; or 3)
23	23	the juvenile will run away or be taken away so as to be unavailable for court
24	24	proceedings or administrative proceedings relating to a violation of conditions of
25	25	Department of Corrections supervision. Under current law, within 24 hours after the
26	26	end of the day on which the intake worker makes this decision, the juvenile court
27	27	must hold a hearing on whether to continue holding the juvenile in custody.
28	28	Instead of an intake worker determining whether to temporarily hold a juvenile
29	29	in custody or release him or her, the bill requires a judge to make this determination.
30	30	Under the bill, an intake worker must review the need to hold the juvenile in custody,
31	31	make a recommendation to a judge, and request an order from that judge regarding
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34	34	3 - 2 -2023 - 2024 Legislature LRB-5738/1
35	35	EHS:skw
36	36	ASSEMBLY BILL 1084
37	37	whether or not to hold the juvenile in custody. Upon this request and
38	38	recommendation by an intake worker, the bill requires the judge to issue a signed
39	39	order stating whether the intake worker must hold or release the juvenile based on
40	40	the same probable cause criteria as under current law. Under the bill, if the judge
41	41	orders the juvenile to be released, the intake worker still determines to whom the
42	42	juvenile is released. Under the bill, if the judge orders the juvenile to be held in
43	43	custody, the intake worker still determines where a juvenile is placed and the
44	44	juvenile court still holds a hearing on whether to continue holding the juvenile in
45	45	custody within 24 hours after the end of the day on which the judge issues this order.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 938.067 (3) of the statutes is amended to read:
49	49	938.067 (3) WHETHER JUVENILE SHOULD BE HELD. Determine Review whether or
50	50	not the juvenile shall should be held in physical custody under s. 938.205 and policies
51	51	promulgated under s. 938.06 (1) or (2) and make a recommendation to a judge and
52	52	request an order from that judge on the basis of that review.
53	53	SECTION 2. 938.19 (1) (d) 7. of the statutes is amended to read:
54	54	938.19 (1) (d) 7. The juvenile has violated the conditions of an order under s.
55	55	938.21 (4) or of an order for temporary physical custody issued by an intake worker
56	56	a judge under s. 938.20 (7) (b).
57	57	SECTION 3. 938.20 (7) (b) of the statutes is amended to read:
58	58	938.20 (7) (b) The intake worker shall review the need to hold the juvenile in
59	59	custody and shall make a recommendation to a judge and request an order from that
60	60	judge regarding whether or not to hold the juvenile in custody. The judge shall make
61	61	every effort to release the juvenile from custody and, if the judge orders the juvenile
62	62	to be released, the intake worker shall release the juvenile as provided in par. (c).
63	63	The intake worker shall base his or her decision recommendation, and the judge shall
64	64	base its decision, as to whether to release the juvenile or to continue to hold the
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84	84	SECTION 3
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86	86	juvenile in custody on the criteria under s. 938.205 and criteria established under s.
87	87	938.06 (1) or (2). An intake worker shall include with his or her request to a judge
88	88	the statement provided to the intake worker under s. 938.20 (3). A judge who
89	89	receives a request under this paragraph shall issue to the intake worker an order
90	90	signed by the judge directing the intake worker to release the juvenile or continue
91	91	to hold the juvenile in custody.
92	92	SECTION 4. 938.205 (1) (intro.) of the statutes is amended to read:
93	93	938.205 (1) CRITERIA. (intro.) A juvenile may be held under s. 938.207, 938.208,
94	94	or 938.209 (1) if the intake worker a judge to whom a request is issued under s. 938.20
95	95	(7) (b) determines that there is probable cause to believe the juvenile is within the
96	96	jurisdiction of the court and if probable cause exists to believe any of the following:
97	97	(END)
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