938.18 Jurisdiction for criminal proceedings for juveniles 14 or older; waiver hearing.

577 words·~3 min read·/wi/chapter-938/938-18-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Waiver of juvenile court jurisdiction; conditions for. Subject to s. 938.183 , a petition requesting the court to waive its jurisdiction under this chapter may be filed if the juvenile meets any of the following conditions:

(a)The juvenile is alleged to have violated s. 940.03 , 940.06 , 940.225

(1)or

(2), 940.305 , 940.31 , 943.10

(2), 943.32

(2), 943.87 or 961.41

(1)on or after the juvenile’s 14th birthday.

(b)The juvenile is alleged to have committed a violation on or after the juvenile’s 14th birthday at the request of or for the benefit of a criminal gang, as defined in s. 939.22

(9), that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult.

(c)The juvenile is alleged to have violated any state criminal law on or after the juvenile’s 15th birthday.

(2)Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

(2m)Agency report. The court may designate an agency, as defined in s. 938.38

(a), to submit a report analyzing the criteria specified in sub.

(5). The agency shall file the report with the court and the court shall cause copies of the report to be given to the juvenile, any parent, guardian or legal custodian of the juvenile and counsel at least 3 days before the hearing. The court may rely on facts stated in the report in making its findings with respect to the criteria under sub.

(5).

(3)Rights of juvenile. All of the following apply at a waiver hearing under this section:

(a)The juvenile shall be represented by counsel. Written notice of the time, place, and purpose of the hearing shall be given to the juvenile, any parent, guardian, or legal custodian, and counsel at least 3 days prior to the hearing. The notice shall contain a statement of the requirements of s. 938.29

(2)with regard to substitution of the judge. If parents entitled to notice have the same address, notice to one constitutes notice to the other. Counsel for the juvenile shall have access to the social records and other reports under s. 938.293 .

(b)The juvenile has the right to present testimony on his or her own behalf including expert testimony and has the right to cross-examine witnesses.

(c)The juvenile does not have the right to a jury.

(4)Prosecutive merit; contested or uncontested petition.

(a)The court shall determine whether the matter has prosecutive merit before proceeding to determine if it should waive jurisdiction. If the court determines that the matter does not have prosecutive merit, the court shall deny the petition for waiver.