Juveniles

The purpose of this policy is to establish guidelines for handling juveniles who are in need of protection, committed acts contrary to state /federal statute or Chapter 18 violations, and custody situations.

Policy: Juveniles 

Author: Chief Joseph M. Hallman

WILEAG Standard: 6.6.1, 6.6.2, 6.6.3, 6.6.4, 6.6.6

Issue Date: March 29, 2013

Reviewed Date: March 25, 2026

Revised Date: March 25, 2026

 

Purpose:

The purpose of this policy is to establish guidelines for handling juveniles who are in need of protection, committed acts contrary to state /federal statute or Chapter 18 violations, and custody situations.

Policy:

It is the responsibility of all members of this department to familiarize themselves with juvenile problems and established procedures for handling both criminal and non-criminal juvenile incidents as defined in this policy.

Officers should bear in mind that only a small percentage may require secure custody, the vast majority of juvenile offenders are likely candidates for non-secure custody and positive diversion and intervention strategies.

With this in mind, officers shall whenever reasonable and justified under this policy, take those measures necessary to effect positive changes in juvenile offenders that are consistent with state law and the safety and security interest of the community.

Definitions:

1. Adult- the term “adult’, in Wis. Stat §938.02(1) means a person who is 17 years or older for criminal and municipal violations., except that it does not include a person 17 years of age as it pertains to youth who are uncontrollable, truant from home or school, or school dropouts.
2. Child- as defined in Wis. Stat §48.02(2) means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person wo is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child” does not include a person who has attained 17 years of age.
3. Capias- a judicial order signed by a court of record directing law enforcement authorities to take a juvenile into physical custody and bring that person before the court.
4. Delinquent- as defined in Wis. Stat. §938.02(3m) means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in §938.17, §938.18, and §938.183, or who has committed contempt of court, as defined in §785.01(1), as specified in §938.355(6g).

5. Diversionary Alternative- is an intervention strategy that redirects youths away from formal processing in the juvenile justice system, while still holding them accountable for their actions. Diversionary alternatives vary from issuing civil citations to participating in juvenile court programs.

6. Juvenile- according to Wis. Stat. §938.02(10m) refers to a person who is less than 18 years of age except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “juvenile” does not include a person who has obtained 17 years of age.

7. Newborn- refers to a child who is reasonably believed to be less than 72 hours old, pursuant to Wis. Stat. §48.195.

9. Non-offender- refers to a juvenile who is subject to the jurisdiction of the juvenile court, usually under abuse, dependency, or neglect statutes, and for reasons other than legally prohibited conduct of a juvenile. (Wis. Stat.§938.13 Jurisdiction over juveniles alleged to be in need of protection or services.) This may include any juvenile brought into a facility for questioning or investigation, but who has not been charged with a crime.

10. Non-secure Custody- a condition under which a juvenile’s freedom of movement is controlled by members of this agency and during such time, the juvenile is held in an unlocked, multi-purpose area that is in no way designed for incarceration:
    1. Any room within the University Police Department;
    2. Is at no time handcuffed to any stationary object;
    3. Is held only long enough to complete identification, investigation and processing and then released to a responsible adult or transferred to a juvenile facility or court;
    4. And is under continuous visual supervision until released.

11. Secure Custody- a condition in which a juvenile is physically detained or confined in a locked room, set or rooms or a cell that is designate, set aside or used for specific purpose of securely detaining persons who are in law enforcement custody or when the juvenile is physically secured to a cuffing rail or other stationary object.

12. Status offender- refers to a juvenile offender who has been charged with or adjudicated for conduct which would not, under the law of the jurisdiction in which the offense was committed, be a crime if the crime was committed by an adult. Examples of status offenses include: truancy, curfew violations, underage possession or use of tobacco products.

Procedures:

1. Juvenile Operations Overview (6.6.1)
   1. The UW-Platteville Police Department is committed to the development and continuation of programs designed to prevent and control juvenile delinquency. The responsibility for participating in, or supporting, the Department’s juvenile operations process is shared by all agency components and personnel.
   2. Officers shall investigate incidents involving juveniles consistent with the authority and limits imposed by state and federal laws.
   3. When dealing with juvenile offenders, officers shall ensure a juvenile’s constitutional and statutory rights are protected. (6.6.3.3)
2. Diversionary Alternatives (6.6.2 Context)
   1. When dealing with juvenile offenders, officers shall consider the following factors when referring juvenile(s) to another agency or service for potential diversion for whom legal proceedings would be inappropriate or ineffective: (6.6.3.1)
      1. The nature of the alleged offense;
      2. The age and background of the alleged offender;
      3. The alleged offender’s police records, if any;
      4. The availability of community-based rehabilitation/diversion programs;
      5. Request for diversion made by a complainant or victim.
   2. In the event officers refer juveniles to a diversionary alternative, it shall be documented in an incident report.
   3. In cases where the facts indicate a juvenile has committed a minor offense and counseling and/or parental involvement shall address the matter, the officer may issue a written or verbal warning, or citation, while advising the parents of the situation. (6.6.1)
   4. Other informal alternatives, including: release to a parent, legal guardian or responsible adult – with no further action – may be used if they are in the best interest of the juvenile, their family, and the community.  The UW-Platteville Police Department Juvenile Release Form should be completed and signed. (6.6.2.1)
   5. A juvenile may be issued a uniform traffic citation or an administrative code violation rather than being taken into custody when the officer feels that this action is in the best interest of the juvenile and the community. The following guidelines exist for juvenile citations under Wis. Stat. §938. 17(2). (6.6.2.2)
      1. A juvenile must be as least 12 years of age in order to be issued a citation, whether a non-uniform traffic citation or a uniform traffic citation.
      2. Under Wis. Stat. §938.20 (2)(c) a juvenile must be at least 15 years or older to be released, unaccompanied and on his or her own recognizance, by the officer. If the juvenile is 14 years of age or younger, he or she can only be released to a responsible adult, preferably a parent. Release shall not occur if the officer feels that the juvenile may pose a danger to him or herself or others.
      3. Juveniles 12 through 15 years of age who receive a citation for a traffic offense shall be under the jurisdiction of the juvenile court. A juvenile court date, rather than standard traffic court date, shall be assigned for these violations. In the bond section of the citation, the officer shall list “must appear.”
      4. Juveniles 12 through 15 years of age who commit a traffic crime shall be referred to the appropriate juvenile intake. A juvenile referral form shall be completed. A uniformed traffic citation shall be completed and attached to the referral form. No court date or bond amount is required. A copy of the citation shall be attached to the referral.
      5. Juveniles aged 11 and under who commit any violation shall be referred to the appropriate juvenile intake office, if appropriate.
      6. Juveniles 12 through 16 years of age who have been cited for an alcohol-related offense or criminal offense shall have a mandatory appearance.
      7. Juveniles 12 through 16 years of age, cited for UW code violations, shall have a non-mandatory appearance and officer(s) shall follow citation procedures established in Wis. Stat. §778.25 and follow the court schedule for 16 years and younger.
      8. Juveniles 17 years of age shall be treated as adults when receiving uniform traffic citations. The bond and court schedules that apply to adults shall apply to these juveniles. These juveniles may be taken into custody for traffic crimes under Section 2 of the Uniform Traffic Bond Schedule. The case should then be referred to the appropriate district attorney’s office.
      9. Juveniles 17 or older shall be referred to circuit court for alcohol-related and criminal offenses. A court date shall be mandatory.
      10. Juveniles 17 years of age shall be given a non-mandatory court appearance date for UW code violations.
   6. Agency referral of alleged juvenile offenders for formal legal proceedings should be restricted to those cases involving serious criminal conduct or repeated criminal violations. In general, delinquent acts requiring referral to the juvenile justice system include: (6.6.2.3)
      1. All delinquent acts that if committed by an adult would be felonies
      2. All delinquent acts involving weapons or that are gang related
      3. All delinquent acts involving aggravated assault and battery.
      4. All delinquent acts committed by juveniles under a court order or by those with pending case.
      5. All delinquent acts involving controlled substances under Wis. Stat. §961.
      6. All repeated delinquent acts within the preceding twelve months, excluding tobacco violations.
      7. Any other violation an officer feels requires a referral in light of special or unusual circumstances.
   7. If the juvenile has committed a misdemeanor violation, the officer may arrest, cite, and release the juvenile offender using the same arrest procedures as for adults.
   8. A recommendation for exclusion from diversionary alternatives can be made for offenses that, if committed by an adult, would be classified as felonies. Crimes involving weapons, gang-related crimes, acts of violence to another person, crimes committed by juveniles on parole, probation, or with cases pending, and incidents of repeated offenses within the past 12 months should also be excluded.
   9. Referrals to Juvenile Court Intake
      1. A juvenile will be referred to the Grant County Juvenile Court Intake Office.
      2. A referral to Juvenile Court Intake must be received at the intake office within 14 calendar days after completion of the investigation if the juvenile is not in custody.  The form JD-1701, can be found in the S:\WGroups\Campus_Police\Forms & Documents\Juvenile-Parent Paperwork.
      3. A referral to Juvenile Court Intake must be received at the intake office by the morning of the next business day if a juvenile is held in custody.
      4. If the referral involves a request for restitution, it is the investigating officer's responsibility to complete the restitution forms and ensure they are attached to the report. If the restitution information is not sent to Juvenile Court Intake with the report, it must be received at Juvenile Court Intake within 14 calendar days from the time the referral was sent.
      5. The process of referring a juvenile to intake requires the completion of the following forms by the referring officer:
         1. Incident Report - Completed for all referrals.
         2. Court Referral - Juvenile - Completed for all referrals.
         3. Temporary Physical Custody Request - When the juvenile is going to be placed in custody. (JC-1608)
         4. Restitution Letter - When restitution is required.
      6. If a referral case is sent back to an assigned officer for further investigation, the assigned officer shall complete a follow-up investigation without delay. If the assigned officer is unavailable for the follow-up investigation, the case shall be transferred to another officer to ensure it is completed within 20 days, per Wis. Stat. §938.25(2)(a).
3. Taking Juveniles into Custody
   1. Officers are authorized under Wis. Stat. §48.195 and §938.19 to take a child or juvenile into custody when the following circumstances are present: (6.6.6)
      1. An order was issued by a judge based upon the welfare of a child to take him or her into custody.
      2. The officer has reasonable grounds to believe that a capias or a warrant for the child’s apprehension has been issued in this state or that the child is a fugitive from justice.
      3. The officer has reasonable grounds to believe that a capias or warrant for the child’s apprehension has been issued in another state.
      4. The officer has reasonable grounds to believe that the child has committed or is committing an act which is a violation of state or federal criminal law.
      5. The officer has reasonable grounds to believe that the child has run away from his or her parents, guardian, or legal or physical custodian.
      6. The officer has reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from those surroundings is necessary.
      7. The officer has reasonable grounds to believe that the child has violated the terms of court-ordered supervision or after-care supervision administered by the department or a county department.
      8. The child has violated the conditions of an order under Wis. Stat. §48.21(4) or the conditions of an order for temporary physical custody by an intake worker.
      9. The child is an expectant mother and there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered due to the child expectant mother's habitual lack of self-control in the use of alcoholic beverages, controlled substances or controlled substance analogues, exhibited to a severe degree, unless the child expectant mother is taken into custody.
      10. The officer has reasonable grounds to believe that the child has violated a civil law or a local ordinance punishable by a forfeiture provided that in such cases the child shall be released as soon as reasonably possible under Wis. Stat. §48.20(2) or §938.20(2).
      11. The juvenile has violated a condition of court-ordered supervision, community supervision, or aftercare supervision; 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 Wis. Stat. §938.534.
      12. The juvenile has violated the conditions of an order under Wis. Stat. §938.21(4) or of an order for temporary physical custody issued by an intake worker.
      13. The juvenile has violated a civil law or a local ordinance punishable by a forfeiture, except that in that case the juvenile shall be released immediately under Wis Stat. §938.20(2)(ag) or as soon as reasonably possible under Wis. Stat. §938.20(2)(b)-(g).
      14. The officer has reasonable grounds to believe that the juvenile is absent from school without an acceptable excuse under Wis. Stat. §118.15.
   2. A juvenile offender, who has been charged with a status offense or a juvenile who is a non-offender, may not be left unattended at any time while in custody.
   3. An officer temporarily detaining a juvenile shall notify the University Police front office, during business hours, and/or City of Platteville Police Dispatch Center, after hours, as soon as possible and shall advise them of the juvenile’s name and reason for detention. Status offenders and non-offenders may not be placed in any secure room, or secured to an immovable object.  It should be noted that the University Police Department does not have a “secure room”. (6.6.3.5)
   4. All juveniles taken into custody shall not be left unattended at any time and must be continuously monitored until their release. (6.6.3.5)
   5. When an officer takes a juvenile into physical custody under the circumstances above, the officer taking the juvenile into custody shall immediately attempt to notify the parent, guardian, legal custodian, and Native American custodian of the juvenile by the most practical means. The person taking the juvenile into custody shall continue such attempt until the parent, guardian, legal custodian, or Native American custodian of the juvenile are notified, or the juvenile is delivered to an intake worker, whichever occurs first. (6.6.3.6)
   6. When a juvenile is taken into custody, a search shall be conducted in the same manner as with adults.
   7. Juveniles shall be handcuffed in instances where the officer believes the juvenile may attempt to escape from custody or is a risk for the safety of the officer, him- or herself, or anyone else.
   8. Officers may encounter juveniles who are in need of protection from their surroundings or are suffering from illnesses or injury and not receiving proper care. If an officer takes custody of a juvenile under these circumstances, the officer shall, as soon as practical, contact the appropriate child protection unit. If a juvenile is incapacitated by alcohol or drugs, mentally ill, or developmentally disabled to the point that he or she represents a danger to him- or herself or others, officers shall take the juvenile to an emergency room for evaluation. If the problem is related to mental illness or developmental disability, the contracted Grant County mental health provider (Northwest Connections) shall assist with an assessment of the juvenile and appropriation of the affidavit of emergency detention and the officer shall proceed with emergency detention guidelines under department directives and Wisc. Stat. §51.15.
   9. If the juvenile is not going to be transported to a juvenile custody facility and the parent(s) or guardian(s) cannot be notified, the officer shall contact Child Protective Services.
      1. If the juvenile is to be charged with an offense:
         1. Advise the juvenile of the reason for the arrest or temporary detention, and the procedures of the Department and Grant County Juvenile Court concerning juveniles.
   10. Upon taking a juvenile into custody, officers should, without undue delay, deliver the juvenile to the individual or agency having ultimate authority of the juvenile under given circumstances. Once in custody, the juvenile shall be brought to the department or intake facility without undue delay unless he or she is in need of emergency medical treatment. The following procedures apply: (6.6.3.4)
       1. Adult and juvenile detainees shall not be transported in the same vehicle.
       2. Officers transporting juveniles shall advise the UW-Platteville Front Office and/or City of Platteville Police Dispatch Center of destination and starting/ending mileage.
       3. Juveniles shall remain out of the sight and hearing range of adult detainees.
       4. Juveniles must be accused of a criminal act in order to be placed in a secure area, and if they are placed within a secure area, they must be released or transported to a juvenile detention facility within six hours of being secured.
4. Custodial Interviews/Interrogations (6.6.4)
   1. Reference “Custodial Interviews (Electronic Recording)” Policy.
5. Juvenile Records
   1. Police records of juveniles will be kept in sequential order with all of the other cases. In addition, the computerized records will clearly identify the juvenile records.
   2. The identity of all victims of abuse/neglect or victims of suspected abuse/neglect (including any medical information with reference to an emergency detention/detoxification) will remain confidential.
   3. According to Wis. Stat. §938.396, juvenile records may only be disclosed under one of the following circumstances.  The parents, guardian, legal custodian and the juvenile shall be immediately notified and provided with a copy of the information disclosed under these exceptions.
      1. Representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved shall be given information about juvenile cases on request.
      2. The parents, guardian or legal custodian of any juvenile may receive the juvenile’s records on request.
      3. A juvenile 14 years of age or older may receive a copy of their juvenile record on request.
   4. A person named by a parent, guardian, legal custodian or juvenile over the age of 14 will receive any reports specifically identified in the written permission.
   5. A victim-witness coordinator shall, on request, receive any police report involving juveniles relating to the enforcement of rights under the constitution, Chapters Wis. Stat. §938 and Wisc. Stat. §950 to ensure that the victim receives the rights and services to which they are entitled.

6. Juveniles in Need of Protective Intervention (6.6.3.2)
   1. Officers may also encounter juveniles who are in need of protection from their surroundings or are suffering from illness or injury and not receiving proper care. For department purposes, these situations are considered "Sensitive Crimes" and are classified into five categories:
      1. Juveniles suffering from neglect;
      2. Juveniles suffering from physical or emotional abuse;
      3. Juveniles victimized through sexual abuse or assault;
      4. Juveniles threatening/attempting suicide;
      5. Incidents relating to alcohol/commitment for detoxification.
   2. Officers becoming aware of any of the above-mentioned situations shall immediately initiate a preliminary investigation.
   3. As previously mentioned, officers are authorized to take a juvenile into custody if the officer has reasonable belief that: "The juvenile is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from those surroundings is necessary.”
   4. If an officer takes custody of a juvenile under circumstance described in 3., above, the officer shall, as soon as practical, contact the Grant County Department of Social Services. After normal business hours, Social Services can be contacted via the Grant County Sheriff’s Department.
   5. Incidents concerning neglect, physical or emotional abuse, sexual abuse or assault, suicide and alcohol related, suspected or actual, are to be reported to the Grant County Department of Social Services within 12-hours.
7. Fingerprinting and Photographing of Juveniles
   1. Wis. Stat. §165.83(2) requires the following categories of people arrested or taken into custody be finger-printed. This applies to juveniles as well as adults:
      1. For any offense which is a felony;
      2. For any offense which is a misdemeanor or violation of an ordinance relating to;
         1. burglary tools;
         2. commercial gambling or dealing in gambling devices;
         3. dealing in stolen property;
         4. controlled substances under Wis. Stat. Chapter §961;
         5. firearms/dangerous weapons/explosives
         6. prostitution;
         7. sex offense where juveniles are victims;
         8. worthless checks
         9. or any violation if the suspect is known to be affiliated with a gang or gang activity.
   2. Juveniles may also be finger-printed or photographed when arrested or taken into custody for other offenses as deemed appropriate by the arresting officer.  It is suggested that photographs be taken whenever a juvenile offender is processed at the station.
   3. The department (white) fingerprint card is the only card needed when processing juveniles.
   4. When an officer is required to fingerprint a juvenile, s/he will also photograph the juvenile.