Detention

Question 1

Petition Filing Deadline (Detained)

Answer 1

Must be filed within 48 hours of arrest excluding non-judicial days. WIC 631(a). Hours on weekends and holidays do NOT count. If the deadline falls outside of court hours, then the petition must be filed before the court closes that day.

Question 2

Deadline for Detention Hearing

Answer 2

For felonies, misdemeanors involving violence or weapons, and 777’s, the detained youth must be brought to court on the next judicial day after the petition is filed. (WIC 635(b)) For general misdemeanors, the deadline is 48 hours after arrest (WIC 635(a))

Question 3

Deadline for Dennis H Hearing

Answer 3

Must occur within 3 court days of request, but may be continued once for up to 5 court days if witness is unavailable. (WIC 637) Only have right to cross the preparer of the arrest report.

Question 4

Remand

Answer 4

Youth can be remanded only with new or previously undiscovered facts showing a ground for detention under WIC 635(b)(1), “immediate and urgent necessity for the protection of the minor or the person or property of another”

Question 5

Critical Incident Report

Answer 5

For any detained client, ask if they have suffered any physical abuse in custody and if so, whether the client wishes to waive confidentiality to report it. If yes, find out who, what, when, where and report to head deputy.