After careful consideration the Board of Trustees of the National Council of Juvenile and Family Court Judges (NCJFCJ) has voted to endorse the elimination of the Valid Court Order (VCO) exception as it relates to holding some youth in secure custody. The VCO exception has allowed states to confine status offenders (under limited circumstances) in secure custody. While some states have modified their statutes already to prevent this, there are many states, including Wisconsin, in which status offenders can be held in secure detention. Through concerted and collaborative efforts, several jurisdictions in Wisconsin that have been using the VCO exception have steadily been reducing use. But, endorsement by NCJFCJ represents a significant step – as judges may struggle with some very difficult decisions related to youth, there is certainly a tendency to want to have as many options as possible. This endorsement has no legal or binding impact, but it represents what at least NCJFCJ believes is “best practice” and should be of help in passing a re-authorized JJDPA. For more information, you can refer to the WCCF Policy Brief on JJDPA Reauthorization.
Our Take: The Wisconsin 2023-25 Biennial Budget
We appreciate Governor Evers being a stop gap for some of the most egregious proposals from the Republican-controlled Joint Finance Committee (JFC). But, if we want to actually address Wisconsin’s racial disparities, we have a lot more work to do.