Section 349.21. Detention of juveniles.

 

(1)  A lockup may not be used for the secure detention of juveniles, except a lockup may be used to hold juveniles who are alleged to have committed a delinquent act.

(2)  A lockup administrator may authorize the holding of a juvenile who is alleged to have committed a delinquent act only if all of the following criteria are met:

(a) Except as provided in this section, the lockup facility meets the provisions of this chapter and has been approved by the department as a suitable place for holding juveniles in custody.

(b) The lockup administrator shall have developed and implemented policies and procedures which ensure sight and sound separation between juveniles and adult inmates in all areas of the lockup facility, including entrances, booking, intake, elevators, staircases, cells, holding rooms, and all other areas in which juveniles could have contact with adult inmates.

(c) The lockup administrator shall have established and implemented policies and procedures to ensure that juvenile records are maintained in a confidential manner and kept separate from adult inmate records in accordance with s. 938.396 , Stats.

(3)  The lockup administrator may only authorize that a juvenile who is alleged to have committed a delinquent act be placed in secure custody status for a period of time not to exceed 6 hours.

(4)  The lockup administrator may only authorize that a juvenile who is alleged to have committed a delinquent act be placed in secure custody status for investigative purposes.

(5)  Lockup facility staff shall physically observe each juvenile and document each observation. The observations shall be at irregular intervals in accordance with the following schedule:

(a) Every juvenile at least once every 20 minutes.

(b) Every juvenile exhibiting behavioral or mental problems, such as mental disturbance, suicidal tendency, or being under the influence of alcohol or drugs, at least once every 15 minutes.

Emerg. cr. eff. 12-10-98; cr. Register, June, 1999, No. 522 , eff. 7-1-99.