938.183 Original adult court jurisdiction for criminal proceedings.

425 words·~2 min read·/wi/chapter-938/938-183

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

(1)Juveniles under adult court jurisdiction. Notwithstanding ss. 938.12

(1)and 938.18 , courts of criminal jurisdiction have exclusive original jurisdiction over all of the following:

(a)A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.61

(a)or 946.43 or s. 940.20

(1), 2023 stats., while placed in a juvenile correctional facility, a juvenile detention facility, or a secured residential care center for children and youth or who has been adjudicated delinquent and who is alleged to have committed a violation of s. 940.62

(b)or s. 940.20

(2m), 2023 stats.

(am)A juvenile who is alleged to have attempted or committed a violation of s. 940.01 or to have committed a violation of s. 940.02 or 940.05 on or after the juvenile’s 10th birthday.

(ar)A juvenile specified in par.

(a)or

(am)who is alleged to have attempted or committed a violation of any state criminal law in addition to the violation alleged under par.

(a)or

(am)if the violation alleged under this paragraph and the violation alleged under par.

(a)or

(am)may be joined under s. 971.12

(1).

(b)A juvenile who is alleged to have violated any state criminal law if the juvenile has been convicted of a previous violation following waiver of jurisdiction under s. 48.18 , 1993 stats., or s. 938.18 by the court assigned to exercise jurisdiction under this chapter and ch. 48 or if the court assigned to exercise jurisdiction under this chapter and ch. 48 has waived its jurisdiction over the juvenile for a previous violation and criminal proceedings on that previous violation are still pending.

(c)A juvenile who is alleged to have violated any state criminal law if the juvenile has been convicted of a previous violation over which the court of criminal jurisdiction had original jurisdiction under this section or if proceedings on a previous violation over which the court of criminal jurisdiction has original jurisdiction under this section are still pending.

(1m)Criminal penalties and procedures. Notwithstanding subchs. IV to VI , a juvenile described in sub.

(1)is subject to the procedures specified in chs. 967 to 979 and the criminal penalties for the crime that the juvenile is alleged to have committed except as follows:

(a)If the juvenile is under 15 years of age, the juvenile may be held in secure custody only in a juvenile detention facility or in the juvenile portion of a county jail.