938.208 Criteria for holding a juvenile in a juvenile detention facility.
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/wi/chapter-938/938-208A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
938.208 Criteria for holding a juvenile in a juvenile detention facility. A juvenile may be held in a juvenile detention facility if the intake worker determines that any of the following conditions applies:
(1)Delinquent act and risk of harm or running away. Probable cause exists to believe that the juvenile has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away so as to be unavailable for a court hearing, a revocation of community supervision or aftercare supervision hearing, or action by the department of corrections or county department relating to a violation of a condition of the juvenile’s placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile’s participation in the intensive supervision program under s. 938.534 . For juveniles who have been adjudged delinquent, the delinquent act referred to in this section may be the act for which the juvenile was adjudged delinquent. If the intake worker determines that any of the following conditions applies, the juvenile is considered to present a substantial risk of physical harm to another person:
(a)Probable cause exists to believe that the juvenile has committed a delinquent act that would be a felony under s. 940.01 , 940.02 , 940.03 , 940.05 , 940.21 , 940.225
(1), 940.31 , 940.60
(2)or
(3), 940.66 , 941.20
(3), 943.02
(1), 943.231
(1), 943.32
(2), 947.013
(1t),
(1v), or
(1x), 948.02
(1)or
(2), 948.025 , 948.03 , or 948.085
(2)or s. 940.19
(2), 2023 stats., s. 940.19
(4), 2023 stats., s. 940.19
(5), 2023 stats., s. 940.19
(6), 2023 stats., or s. 940.198 , 2023 stats., if committed by an adult.
(b)Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35
(b), short-barreled rifle, as defined in s. 941.28
(b), or short-barreled shotgun, as defined in s. 941.28
(c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.
(c)Probable cause exists to believe that the juvenile has possessed or gone armed with a short-barreled rifle or a short-barreled shotgun in violation of s. 941.28 , or has possessed or gone armed with a handgun in violation of s. 948.60 .
(2)Runaway from another state or secure custody. Probable cause exists to believe that the juvenile is a fugitive from another state or has run away from a juvenile correctional facility or a secured residential care center for children and youth and there has been no reasonable opportunity to return the juvenile.
(3)Protective custody. The juvenile consents in writing to being held in order to protect him or her from an imminent physical threat from another and such secure custody is ordered by the court in a protective order.