938.08 Duties of person furnishing services to court. - Wisconsin Statutes

938.08

938.08 Duties of person furnishing services to court.

938.08(1)

(1) Investigations; reports. A person appointed to furnish services to the court under ss. 938.06 and 938.07 shall make any investigations and exercise any discretionary powers that the court may direct, keep a written record of the investigations, and submit a report to the court. The person shall keep informed concerning the conduct and condition of the juvenile under the person's supervision and shall report on the conduct and condition as the court directs.

938.08(2)

(2) Power to take juvenile into custody; limits. Except as provided in sub. (3) and ss. 938.355 (6d) and 938.534 (1), a person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily, is suffering from illness or injury, or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

938.08(3)

(3) Conditions for certain other persons to take juvenile into custody.

938.08(3)(a)

(a) In addition to the law enforcement authority under sub. (2), department personnel designated by the department and personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the agency and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

938.08(3)(a)1.

1. If they are in prompt pursuit of a juvenile who has run away from a juvenile correctional facility or a residential care center for children and youth.

938.08(3)(a)2.

2. If the juvenile has failed to return to a juvenile correctional facility or a residential care center for children and youth after any authorized absence.

938.08(3)(b)

(b) A juvenile who is taken into custody under par. (a) may be returned directly to the juvenile correctional facility or residential care center for children and youth and shall have a hearing regarding placement in disciplinary status in accordance with ch. 227.

938.08 - ANNOT.

History: 1995 a. 77, 352; 1997 a. 205; 1999 a. 9; 2001 a. 59; 2005 a. 344; 2007 a. 97.