938.209 Criteria for holding a juvenile in a county jail or a municipal lockup facility. (1) COUNTY JAIL. Subject to s. 938.208, a county jail may be used as a juvenile detention facility if the criteria under either par. (a) or (b) are met: (a) No other juvenile detention facility approved by the department of corrections or a county is available and all of the following conditions are met: 1. The jail meets the standards for juvenile detention facilities established by the department of corrections. 2. The juvenile is held in a room separated and removed from incarcerated adults. 3. The juvenile is not held in a cell designed for the administrative or disciplinary segregation of adults. 4. Adequate supervision is provided. 5. The court reviews the status of the juvenile every 3 days. (b) The juvenile presents a substantial risk of physical harm to other persons in the juvenile detention facility, as evidenced by previous acts or attempts, which can only be avoided by transfer to the jail. The conditions of par. (a) 1. to 5. shall be met. The juvenile shall be given a hearing and may be transferred only upon a court order. (2m) MUNICIPAL LOCKUP. (a) A juvenile who is alleged to have committed a delinquent act may be held in a municipal lockup facility if all of the following criteria are met: 1. The department of corrections has approved the municipal lockup facility as a suitable place for holding juveniles in custody. 2. The juvenile is held in the municipal lockup facility for not
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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Updated 23-24 Wis. Stats.
more than 6 hours while awaiting his or her hearing under s.