AB 724 — Relating to: hearing timelines for juveniles in custody. (FE)

- 2020 LEGISLATURE LRBa1256/1LRB-2142/1 EAW:klmEAW:amn ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 724 FebruaryJanuary 17,9, 2020 - OfferedIntroduced by RepresentatiUNDRUMRepresentativeUNDRUM ., RAMTHUN , ORLACHER , BROOKS , ITTRICH, UTTON , KOWRONSKI and BOWEN , cosponsored by Senators STROEBEL and O LSEN.

AtReferred theto locationsCommittee indicated,on amendJudiciary. the bill as follows:

1.A N A CT to amend 801.15 (1) (b) and 938.21 (1) (a) of the statutes;

Pagerelating 1,to: line 3:

deletehearing thetimelines materialfor beginningjuveniles within thatcustody. line and ending with page 2, line 4.

2.Analysis by the Legislative Reference Bureau Under this bill, for the purpose of calculating the timeline for holding a hearing to determine whether to continue to hold a juvenile who is taken into custody under the Juvenile Justice Code, the last day of the statutory period is not included if it is a day that the clerk of courts office is closed.

PageFor 2,further lineinformation 10:see the state and local fiscal estimate, which will be printed as an appendix to this bill.

deleteThe thepeople materialof beginning with “" and ending with “801.15 (1) (b)" on line 11 and substitute “excluding Saturdays, Sundays, and legal holidays, and days on which the clerkstate of court'sWisconsin, officerepresented isin closedsenate dueand toassembly, inclementdo weatherenact oras otherfollows: unforeseen emergency”.

S ECTION 1.

801.15 (1) (b) of the statutes is amended to read:

801.15 (1) (b) Notwithstanding ss.

985.09 and 990.001 (4), in computing any period of time prescribed or allowed by chs.

801 to 847, for a hearing held by a court under s.

938.21 (1) (a), by any other statute governing actions and special proceedings, or by order of court, the day of the act, event, or default from which the - 2020 Legislature - 2 - LRB-2142/1 EAW:amn ASSEMBLY BILL 724 SECTION 1 designated period of time begins to run shall not be included.

The last day of the period so computed shall be included, unless it is a day the clerk of courts office is closed.

When the period of time prescribed or allowed is less than 11 days, Saturdays, Sundays and holidays shall be excluded in the computation.

SECTION 2.

938.21 (1) (a) of the statutes is amended to read:

938.21 (1) (a) If a juvenile who has been taken into custody is not released under s.

938.20, a hearing to determine whether to continue to hold the juvenile in custody under the criteria of ss.

938.205 to 938.209 (1) shall be conducted by the court within 24 hours after the end of the day on which the decision to hold the juvenile was made, excluding Saturdays, Sundays, and legal holidas computed under s.

801.15 (1) (b).

By the time of the hearing a petition under s.

938.25 or a request for a change in placement under s.

938.357, a request for a revision of the dispositional order under s.

938.363, or a request for an extension of a dispositional order under s.

938.365 shall be filed, except that no petition or request need be filed if a juvenile is taken into custody under s.

938.19 (1) (b) or (d) 2., 6., or 7.

or if the juvenile is a runaway from another state, in which case a written statement of the reasons for holding a juvenile in custody shall be substituted if the petition is not filed.

If no hearing has been held within 24 hours or if no petition, request, or statement has been filed at the time of the hearing, the juvenile shall be released except as provided in par.

(b).

The court shall grant a rehearing upon request of a parent not present at the hearing for good cause shown.

SECTION 3.0Initial applicability.

(1) This act first applies to a juvenile who is taken into custody under s.

938.19 on the effective date of this subsection.