Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB987 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 SENATE BILL 987
5	5	February 1, 2024 - Introduced by Senators HUTTON, WANGGAARD, JACQUE, JAMES,
6	6	STROEBEL and BRADLEY, cosponsored by Representatives DONOVAN, TUSLER,
7	7	MAXEY, MICHALSKI, WICHGERS, GUNDRUM, NOVAK and RETTINGER. Referred to
8	8	Committee on Judiciary and Public Safety.
9	9	AN ACT to amend 938.067 (3), 938.19 (1) (d) 7., 938.20 (7) (b) and 938.205 (1)
10	10	(intro.) of the statutes; relating to: determining whether to hold or release a
11	11	juvenile from custody.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under current law, when a juvenile who is possibly involved with a delinquent
14	14	act is taken into custody and not released by the person who took the juvenile into
15	15	custody, a court intake worker must interview the juvenile and determine whether
16	16	to hold the juvenile temporarily in custody or release him or her. Current law
17	17	requires the intake worker to base that decision on whether probable cause exists to
18	18	believe that 1) the juvenile will commit injury to a person or property; 2) the parent,
19	19	guardian, legal custodian, or other responsible adult is neglecting, refusing, unable,
20	20	or unavailable to provide adequate supervision and that care and services to ensure
21	21	the juvenile's safety and well-being are not available or would be inadequate; or 3)
22	22	the juvenile will run away or be taken away so as to be unavailable for court
23	23	proceedings or administrative proceedings relating to a violation of conditions of
24	24	Department of Corrections supervision. Under current law, within 24 hours after the
25	25	end of the day on which the intake worker makes this decision, the juvenile court
26	26	must hold a hearing on whether to continue holding the juvenile in custody.
27	27	Instead of an intake worker determining whether to temporarily hold a juvenile
28	28	in custody or release him or her, the bill requires a judge to make this determination.
29	29	Under the bill, an intake worker must review the need to hold the juvenile in custody,
30	30	make a recommendation to a judge, and request an order from that judge regarding
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33	33	3 - 2 -2023 - 2024 Legislature LRB-5082/1
34	34	EHS:skw
35	35	SENATE BILL 987
36	36	whether or not to hold the juvenile in custody. Upon this request and
37	37	recommendation by an intake worker, the bill requires the judge to issue a signed
38	38	order stating whether the intake worker must hold or release the juvenile based on
39	39	the same probable cause criteria as under current law. Under the bill, if the judge
40	40	orders the juvenile to be released, the intake worker still determines to whom the
41	41	juvenile is released. Under the bill, if the judge orders the juvenile to be held in
42	42	custody, the intake worker still determines where a juvenile is placed and the
43	43	juvenile court still holds a hearing on whether to continue holding the juvenile in
44	44	custody within 24 hours after the end of the day on which the judge issues this order.
45	45	The people of the state of Wisconsin, represented in senate and assembly, do
46	46	enact as follows:
47	47	SECTION 1. 938.067 (3) of the statutes is amended to read:
48	48	938.067 (3) WHETHER JUVENILE SHOULD BE HELD. Determine Review whether or
49	49	not the juvenile shall should be held in physical custody under s. 938.205 and policies
50	50	promulgated under s. 938.06 (1) or (2) and make a recommendation to a judge and
51	51	request an order from that judge on the basis of that review.
52	52	SECTION 2. 938.19 (1) (d) 7. of the statutes is amended to read:
53	53	938.19 (1) (d) 7. The juvenile has violated the conditions of an order under s.
54	54	938.21 (4) or of an order for temporary physical custody issued by an intake worker
55	55	a judge under s. 938.20 (7) (b).
56	56	SECTION 3. 938.20 (7) (b) of the statutes is amended to read:
57	57	938.20 (7) (b) The intake worker shall review the need to hold the juvenile in
58	58	custody and shall make a recommendation to a judge and request an order from that
59	59	judge regarding whether or not to hold the juvenile in custody. The judge shall make
60	60	every effort to release the juvenile from custody and, if the judge orders the juvenile
61	61	to be released, the intake worker shall release the juvenile as provided in par. (c).
62	62	The intake worker shall base his or her decision recommendation, and the judge shall
63	63	base its decision, as to whether to release the juvenile or to continue to hold the
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83	83	SECTION 3
84	84	SENATE BILL 987
85	85	juvenile in custody on the criteria under s. 938.205 and criteria established under s.
86	86	938.06 (1) or (2). An intake worker shall include with his or her request to a judge
87	87	the statement provided to the intake worker under s. 938.20 (3). A judge who
88	88	receives a request under this paragraph shall issue to the intake worker an order
89	89	signed by the judge directing the intake worker to release the juvenile or continue
90	90	to hold the juvenile in custody.
91	91	SECTION 4. 938.205 (1) (intro.) of the statutes is amended to read:
92	92	938.205 (1) CRITERIA. (intro.) A juvenile may be held under s. 938.207, 938.208,
93	93	or 938.209 (1) if the intake worker a judge to whom a request is issued under s. 938.20
94	94	(7) (b) determines that there is probable cause to believe the juvenile is within the
95	95	jurisdiction of the court and if probable cause exists to believe any of the following:
96	96	(END)
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