Statutory Interpretation – Nonsecure Custody Sanction

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. A.A.,

Case No.: 2018AP1497

Officials: Fitzpatrick, P.J., Blanchard, and Kloppenburg, JJ.

Focus: Statutory Interpretation – Nonsecure Custody Sanction

This case involves the interpretation of the phrase “not more than 10 days” in WIS. STAT. § 938.355(6)(d)1. This provision sets the maximum length for a nonsecure custody sanction that a circuit court may impose on a juvenile who has violated a dispositional order. A.A. challenges one aspect of the order imposing a sanction on him and the circuit court’s subsequent decision reaffirming the length of the sanction. Specifically, he challenges the court’s decisions to extend his placement from January 16, 2018, to January 26, 2018, arguing that the court should have set January 25, 2018, as the end date. That is, A.A. contends that the sanction as ordered exceeded the “not more than 10 days” allowed under § 938.355(6)(d)1. because it included 10 days plus part of an 11th day, when “day” is understood to mean a calendar day. In contrast, the State argues that the length of the sanction was proper because it did not exceed 240 hours (i.e., 10 consecutive 24-hour periods), because “day” in this context means 24 consecutive hours.

We agree with A.A. that the word “day” in WIS. STAT. § 938.355(6)(d)1. means a calendar day and not a series of hours. We interpret the statute this way in light of the general common law rule that fractions of days are not recognized when a time period is framed in terms of “days” in the circumstances present here. Under the common law rule, neither a juvenile’s entering custody or being released is referable to a particular hour or minute of a day. These events are deemed to have occurred on the first and last days of the sanction.

We also briefly address the circuit court’s application of WIS. STAT. § 990.001(4) to resolve the issue here and conclude that § 990.001(4) does not apply in this context. Accordingly, we modify the sanctions order so that the end date is shown as January 25, 2018, and affirm the order as modified.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.