Section 48.209. Criteria for holding a child in a county jail.

  Subject to the provisions of s. 48.208 , a county jail may be used as a juvenile detention facility if the criteria under either sub. (1) or (2) are met:

(1)  There is no other juvenile detention facility approved by the department of corrections or a county which is available and:

(a) The jail meets the standards for juvenile detention facilities established by the department of corrections;

(b) The child is held in a room separated and removed from incarcerated adults;

(c) The child is not held in a cell designed for the administrative or disciplinary segregation of adults;

(d) Adequate supervision is provided; and

(e) The judge reviews the status of the child every 3 days.

(2)  The child 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 sub. (1) (a) to (e) shall be met. The child shall be given a hearing and transferred only upon order of the judge.

1977 c. 354 ; 1989 a. 31 ; 1993 a. 98 ; 1995 a. 77 ; 2005 a. 344 . Cross-reference: See also s. DOC 346.01 , Wis. adm. code.