Department of justice

Wis. Stat. ch. 165

in effect

Wis. Stat. § 165.02 Federal appropriations adjustments

(1) In this section, “the schedule” means the schedule under s. 20.005 (3) as published in the biennial budget act for the first fiscal year of a fiscal biennium and as approved by the joint committee on finance under s. 20.004 (2) for the 2nd fiscal year of a fiscal biennium. (2) (a) Subject to par. (b), annually by December 1 or within 30 days after the applicable federal appropriation bill for that federal fiscal year has been enacted, whichever is later, the attorney general shall submit to the joint committee on finance a plan identifying how the attorney general proposes to adjust the federal appropriations for the department of justice for that state fiscal year to reflect the most recent estimate of the amount of federal funds that the department of justice will be appropriated in that state fiscal year. (b) The attorney general is required to submit a plan under par. (a) only if the most recent estimate of the amount of federal funds that the department of justice will be appropriated under s. 20.455 in the current state fiscal year is less than 95 percent or more than 105 percent of the amount of federal revenue shown in the schedule for the appropriations under s. 20.455 in that fiscal year. (3) After receiving a plan under sub. (2) (a), the cochairpersons of the joint committee on finance jointly shall determine whether the plan is complete. If the joint committee on finance meets and either approves or modifies and approves a plan submitted under sub. (2) (a) within 14 days after the cochairpersons determine that the plan is complete, the attorney general shall implement the plan as approved by the committee. If the joint committee on finance does not meet and either approve or modify and approve a plan submitted under sub. (2) (a) within 14 days after the cochairpersons determine that the plan is complete, the attorney general shall implement the proposed plan.

Wis. Stat. § 165.08 Power to compromise

(1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization. (2) In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

Wis. Stat. § 165.09 Removal of barriers to trade or movement of dairy products

The attorney general may take such action as he or she deems necessary in order to contest or oppose existing statutes, ordinances, regulations, orders or other trade barriers which may restrict the sale in other states of milk or other dairy products produced in Wisconsin; study and investigate problems concerning the free movement of milk and other dairy products in interstate commerce and present the results thereof to such legislative and executive agencies of the federal government and the several states, such studies, investigations and presentations to executive and legislative agencies to be made either individually or jointly with others.

Wis. Stat. § 165.10 Deposit of settlement funds

The attorney general shall deposit all settlement funds into the general fund.

Wis. Stat. § 165.12 Opioid settlement

(1) Definition. In this section, “opiate litigation” means the proceedings titled In re: National Prescription Opiate Litigation, Case No.: MDL 2804 and any proceeding filed in a circuit court in this state containing allegations and seeking relief that is substantially similar to allegations contained and relief sought in Case No.: MDL 2804. (2) Settlement proceeds. The attorney general shall cooperate with local governments in the state that are parties in the opiate litigation in entering into a joint settlement agreement of the legal or equitable claims of the state, subject to sub. (7), and the claims of local governments regarding opioids with any person that has engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid product, including any person named as a defendant in the opiate litigation, if all of the following are satisfied: (a) The joint committee on finance approves the proposed settlement agreement under the procedure under s. 165.08 (1). (b) The settlement agreement or any document that effectuates the settlement identifies 30 percent of the settlement proceeds as payable to the state. (c) The settlement agreement or any document that effectuates the settlement identifies 70 percent of the settlement proceeds as payable to local governments in the state that are parties in the opiate litigation. (3) Moneys payable to the state. (a) Moneys payable to the state under sub. (2) (b) shall be allocated to the department of health services for expenditure for purposes that comply with any settlement agreement or order of the court. In order to expend moneys payable to the state under sub. (2) (b), the department of health services shall submit by April 1 of each year until the moneys are expended to the joint committee on finance a proposal of expenditure for the next fiscal year. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal under this paragraph that the committee has scheduled a meeting for the purpose of reviewing the expenditure proposal, the department may expend the moneys as described in the proposal. If, within 14 working days after the date of the submittal under this paragraph by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the expenditure proposal, the department may expend the moneys only upon approval by the committee. (b) If the department of health services seeks to deviate from the expenditure proposal during the fiscal year for which the expenditure proposal approved under par. (a) applies, the department shall submit to the joint committee on finance a proposal for the deviation. The joint committee on finance shall review the expenditure proposal using the procedure described in par. (a). (4) Moneys payable to local governments. (a) No money paid or payable to the local governments under sub. (2) (c) may be considered moneys of the state. Moneys under sub. (2) (c) may be paid directly only to local governments that are parties in the opiate litigation. (b) A local government that receives moneys payable to a local government under sub. (2) (c) shall deposit the moneys in a segregated account that is subject to all of the following: 1. Moneys in the segregated account are considered moneys of the local government under s. 66.0603 (1m) and may not be commingled with any other moneys of the local government. 2. A local government may expend moneys of the segregated account solely for purposes identified as approved uses for abatement in the settlement agreement or by court order, subject to sub. (6). 3. A local government may not use moneys from the segregated account to substitute for budgeted moneys from the other sources. 4. A local government may allocate moneys from the segregated account to any other political subdivision in the state if there is an agreement requiring the other political subdivision to expend the moneys for the purposes described in subd. 2. 5. Local governments may combine moneys from their segregated accounts if each local government conforms to the reporting requirement under par. (c). 6. A local government shall include the segregated account in the local government’s typical audit process. (c) By May 1 annually, a local government that receives moneys under sub. (2) (c) shall submit a report to the department of justice and joint committee on finance that includes all of the following: 1. The amount of money in the local government’s segregated account described under par. (b) as of December 31 of the previous year. 2. An accounting of the receipts and disbursements from the segregated account described under par. (b) in the previous year. (5) Sale of interest in proceeds. (a) Subject to par. (c), a local government may sell for cash or other consideration the right to receive any payment under a settlement agreement and this section if the proceeds of the sale are deposited in the segregated account described under sub. (4) (b). (b) A local government may pledge, grant a lien on, or grant a security interest in payments to effectuate a sale under this subsection. Obligations issued under this subsection are governmental obligations that are issued for a public purpose but are not considered debt of the local government and are not calculated for the purposes of any constitutional or statutory debt limitation. (c) Any sale by a local government that is authorized under this subsection shall be approved by a majority vote of the governing body of the local government that is selling the payments. The governing body’s approval of the sale under this paragraph is considered conclusive as to the adequacy of the consideration for the sale. (d) The limitations and provisions of s. 893.77 apply to any obligations issued under this subsection. This subsection is an alternative procedure to the procedures under ch. 67. (6) Responsibilities for attorney fees. If a separate fund created in a settlement agreement for the opiate litigation is insufficient to pay the entire amount of attorney fees and expenses owed by local governments, a local government may use a portion of the amounts payable to local governments under sub. (2) (c) to supplement amounts owed by the local government for attorney fees and expenses. The state has no responsibility for payment of a local government’s attorney fees or expenses, and those local government attorney fees or expenses may not be paid from the amounts payable to the state under sub. (2) (b). (7) Claims by nonparties to opiate litigation. (a) Nothing in this section shall alter any local government’s right to pursue, litigate, or resolve a lawsuit or claim as a party to the opiate litigation or a related proceeding if the lawsuit or claim was pending as of June 1, 2021. (b) A political subdivision of the state, or an officer or agent of any political subdivision of the state, that was not a party as of June 1, 2021, to the opiate litigation may not do any of the following: 1. Maintain a claim to proceeds of any settlement agreement that is described under sub. (2). 2. Maintain any claim or commence any action related to opioids against a person that is identified as a party defendant in the opiate litigation that would be released in a settlement agreement if the political subdivision, officer, or agent was a party to a settlement agreement that is described under sub. (2).

Wis. Stat. § 165.015 Duties

The attorney general shall: (1) Give opinion to officers. Give his or her opinion in writing, when required, without fee, upon all questions of law submitted to him or her by the legislature, either house thereof or the senate or assembly committee on organization, or by the head of any department of state government. (2) Protect trust funds. Examine all applications for loans from any of the trust funds, and furnish to the commissioners of public lands his or her opinion in writing as to the regularity of each such application, and also of the validity of any bonds or other securities purchased for the benefit of such funds. (3) Certify bonds. Examine a certified copy of all proceedings preliminary to any issue of state bonds or notes, and, if found regular and valid, endorse on each bond or note his or her certificate of such examination and validity. The attorney general shall also make similar examinations and certificates respecting municipal bonds in the cases specified in s. 67.025. (4) Keep statement of fees. Keep a detailed statement of all fees, including his or her fees as commissioner of public lands, received by him or her during the preceding year, and file such statement with the department of administration on or before June 30 in each year. (5) Report to legislature. Upon request of the legislature or either house thereof, submit a report upon any matters pertaining to the duties of his or her office to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2). (6) Perform other duties. Perform all other duties imposed upon the attorney general by law.

Wis. Stat. § 165.017 Review of certain detentions or petitions for commitment

(2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1. (4) Subsection (2) does not apply if the attorney general makes a finding that a court of competent jurisdiction in this state, in a case in which the constitutionality of s. 51.20 (1) (a) 2. e. has been challenged, has upheld the constitutionality of s. 51.20 (1) (a) 2. e.

Wis. Stat. § 165.25 Duties of department of justice

The department of justice shall: (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter. (1m) Represent state in other matters. If requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. The public service commission may request under s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d). (2) Prosecute breaches of bonds and contracts. Prosecute, at the request of the governor, or of the head of any department of the state government any official bond or any contract in which the state is interested, deposited with any of them, upon a breach thereof, and prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with any of their departments except in those cases where other provision is made. (3) Advise district attorneys. Consult and advise with the district attorneys when requested by them in all matters pertaining to the duties of their office. (3m) Review obscenity cases. Review obscenity cases submitted to the department by district attorneys under s. 944.21 (7). The attorney general shall determine whether a prosecution may be commenced. (3r) Avoid conflict of interest. Require that attorneys in different organizational subunits in the department prosecute violations of chs. 562 to 569 or Indian gaming compacts entered into under s. 14.035 and defend any department, agency, official, employee or agent under subs. (1), (1m), (4) (a) and (6). (4) Furnish legal services; appropriation. (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of tourism and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work. (ag) The department of justice shall furnish legal services upon request of the department of safety and professional services under s. 167.35 (7). (am) The department of justice shall furnish legal services to the department of safety and professional services in all proceedings under s. 440.21 (3), together with any other services, including stenographic and investigational, as are necessarily connected with the legal services. (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services. (as) The department of justice shall furnish legal services to the livestock facility siting review board in defending appeals under s. 93.90 (5) (e) of decisions of the board. (b) The department of justice shall furnish bond counsel services to the building commission when the building commission contracts public debt under subch. I of ch. 18. (bn) The department of justice shall provide legal services, other than those relating to civil actions or opinions, under ch. 150 to the department of health services. (c) The department shall at the end of each fiscal year, except for programs financed out of the general fund and except for services required to be provided by statute other than this subsection, render to the respective agencies enumerated in this subsection an itemized statement of the total cost of the legal and other services including travel expenses and legal expenses enumerated in s. 20.455 (1) (d). (d) Upon receipt of the statement, the respective agency head shall audit the statement and upon finding it to be correct shall certify the amount of the statement to the department of administration to be paid into the general fund out of the agency’s proper appropriation. (5) Prepare forms. Whenever requested by the head of any department of the state government, the department of justice shall prepare proper drafts of forms for contracts and other writings which may be wanted for the use of the state. (6) Attorney for state. (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer’s, employee’s, or agent’s duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization. 2. Members, officers, and employees of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under s. 619.04 (3), members of a committee or subcommittee of that board of governors, members of the injured patients and families compensation fund peer review council created under s. 655.275 (2), and persons consulting with that council under s. 655.275 (5) (b) are covered by this section with respect to actions, claims, or other matters arising before, on, or after April 25, 1990. The attorney general may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity. (b) Volunteer health care providers who provide services under s. 146.89, except those described in s. 146.89 (5) (a), practitioners who provide services under s. 257.03, and health care facilities on whose behalf services are provided under s. 257.03 are, for the provision of those services, covered by this section and shall be considered agents of the department of health services for purposes of determining which agency head may request the attorney general to appear and defend them. (c) Physicians, physician assistants, and advanced practice registered nurses under s. 251.07 or 252.04 (9) (b) are covered by this section and shall be considered agents of the department of health services for purposes of determining which agency head may request the attorney general to appear and defend them. (e) The department of justice may appear for and defend the state or any state department, agency, official or employee in any civil action arising out of or relating to the assessment or collection of costs concerning environmental cleanup or natural resources damages including actions brought under 42 USC 9607. The action may be compromised and settled in the same manner as provided in par. (a). At the request of the department of natural resources, the department of justice may provide legal representation to the state or to the department of natural resources in the same matter in which the department of justice provides defense counsel, if the attorneys representing those interests are assigned from different organizational units within the department of justice. This paragraph may not be construed as a consent to sue the state or any department, agency, official or employee of the state or as a waiver of sovereign immunity. (6m) Attorney for state witnesses. At the request of the head of any department or agency of state government, the attorney general may appear for and represent any state official, employee or agent who is required to appear as a witness in any administrative or civil matter. (7) Keep record of actions. The department shall keep a record of all actions and demands prosecuted or defended by the department on behalf of the state and all related proceedings. The department may dispose of public records in accordance with s. 16.61. (8) Historical society contracts. In subs. (1), (1m), (6) and (6m), treat any nonprofit corporation operating a museum under a lease agreement with the state historical society as a department of state government and any official, employee or agent of such a corporation as a state official, employee or agent. (8m) Local emergency planning committees. In subs. (1), (1m), (6) and (6m), treat any local emergency planning committee appointed by a county board under s. 59.54 (8) (a) as a department of state government and any member of such a committee as a state official, employee or agent. (9) Perform other duties. The department of justice shall perform all other duties imposed upon the department by law. (10) Report on restitution. Semiannually submit a report to the department of administration and the joint committee on finance regarding money received by the department of justice under a court order or a settlement agreement for providing restitution to victims. The report shall specify the amount of restitution received by the department of justice during the reporting period; the number of persons to whom the department of justice paid restitution and the total amount that the department of justice paid to all recipients during the reporting period; and the department of justice’s methodology for selecting recipients and determining the amount paid to each recipient. (10m) Report on grants. Beginning on January 15, 2015, and annually thereafter, the department of justice shall submit a report to the legislature under s. 13.172 (2), regarding its administration of grant programs under ss. 165.95, 165.955, 165.96, 165.986, and 165.987. The report shall include, for each grant program, all of the following information: (a) The amount of each grant awarded by the department of justice for the previous fiscal year. (b) The grant recipient to whom each grant was awarded. (c) The methodology used by the department of justice to choose grant recipients and to determine the level of grant funding for each grant recipient. (d) Performance measures created by the department of justice for each grant program. (e) Reported results from each grant recipient in each fiscal year as to the attainment of performance measures the department of justice developed for the grant recipient. (11) Report on field prosecutor positions. The department of justice shall submit an annual report to the joint committee on finance regarding the field prosecutor attorney positions created under 2017 Wisconsin Act 261, section 13. The report shall describe the activities and assess the effectiveness of the attorneys in assisting the division of criminal investigation in the field offices of Wausau and Appleton and in assisting district attorneys in the prosecution of drug-related offenses. (12) Representation arising from agreements with Minnesota. Represent any employee of the state of Minnesota who is named as a defendant in any civil action brought under the laws of this state as a result of performing services for this state under a valid agreement between this state and the state of Minnesota providing for interchange of employees or services and any employee of this state who is named as a defendant as a result of performing services for the state of Minnesota under such an agreement in any action brought under the laws of this state. Witness fees in any action specified in this subsection shall be paid in the same manner as provided in s. 885.07. The attorney general may compromise and settle any action specified in this subsection to the same extent as provided in sub. (6) (a). (13) Juvenile justice improvement plan. Serve as the state planning agency under the juvenile justice and delinquency prevention act of 1974, P.L. 93-415. The department shall prepare a state comprehensive juvenile justice improvement plan. The plan shall be submitted to the governor, the joint committee on finance in accordance with s. 16.54, and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state’s juvenile justice needs and problems. (14) Cooperation and assistance. Cooperate with and render technical assistance to state agencies and units of local government and public or private agencies relating to the criminal and juvenile justice system. (15) Contracts and expenditures. Apply for contracts or receive and expend for its purposes any appropriation or grant from the state, a political subdivision of the state, the federal government or any other source, public or private, in accordance with the statutes. (16) Rules regarding concealed weapons licenses. Promulgate by rule a list of states that issue a permit, license, approval, or other authorization to carry a concealed weapon if the permit, license, approval, or other authorization requires, or designates that the holder chose to submit to, a background search that is comparable to a background check as defined in s. 175.60 (1) (ac). (18) Crime laboratories; deoxyribonucleic acid analysis. Determine the amount required to fund the appropriation account under s. 20.455 (2) (Lm). (19) Crime laboratories; deoxyribonucleic acid analysis surcharges. If the appropriation account under s. 20.455 (2) (Lp) is anticipated to go into deficit, promptly notify the joint committee on finance in writing of the anticipated deficit. (20) Report on execution of search warrants at physical premises. No later than July 1 of each year, submit a report to the legislature under s. 13.172 (2) on the issuance and execution of search warrants at physical premises by law enforcement agencies in the prior calendar year. The department shall collect any relevant information from law enforcement agencies in order to prepare the report by providing all reporting officials with instructions that specify the nature of the information required, the time it is to be forwarded, the method of classifying it, and any other matters that facilitate collection and compilation of the relevant information, and all persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the information requested. The report shall include, by jurisdiction, all of the following information for the preceding calendar year: (a) The total number of search warrants that were issued and denied. (b) Of the search warrants that were issued, the number that requested explicit authorization of an unannounced entry, and of those that requested explicit authorization of an unannounced entry, the number that explicitly authorized and the number that declined to authorize an unannounced entry. (c) Of the search warrants that declined to authorize an unannounced entry, the number of search warrants that were executed with an announced entry and the number that were executed with an unannounced entry. (d) Of the search warrants that declined to authorize an unannounced entry that were executed with an unannounced entry, all of the following information: 1. The number of warrants for which a return under s. 968.17 was accompanied by a written inventory of property taken as provided under s. 968.17 (1). 2. The number of warrant executions that resulted in great bodily harm, as defined in s. 939.22 (14), to any person, or the death of any person. 3. The age, race, and gender of any primary suspect who was present at the warrant’s execution. (e) Of the search warrants that explicitly authorized an unannounced entry, the number of search warrants that were executed with an announced entry and the number that were executed with an unannounced entry. (f) Of the search warrants that explicitly authorized an unannounced entry, the type of suspected crime for which it was sought. (g) Of the search warrants that explicitly authorized an unannounced entry and were executed with an unannounced entry, all of the following information: 1. The number of warrants for which a return under s. 968.17 was accompanied by a written inventory of property taken as provided under s. 968.17 (1). 2. The number of warrant executions that resulted in great bodily harm, as defined in s. 939.22 (14), to any person, or the death of any person. 3. The age, race, and gender of any primary suspect who was present at the warrant’s execution. (21) Maintain a database of emergency contact information for providers of electronic communication services. Maintain a database of electronic communication services provider emergency contact information submitted under s. 968.373 (8s) in order to facilitate a request from a law enforcement agency or tribal law enforcement agency for information under s. 968.373, and distribute the information maintained under this subsection on a quarterly basis, or immediately as changes occur, to all law enforcement agencies, tribal law enforcement agencies, and public safety answering points in this state. (22) Post model language for health care facilities. Post on its website model language that health care facilities may post at their entrances alerting persons to the penalties under ss. 940.62 (2) (e) and 947.016 (3). (22m) Misclassification and payroll fraud. Do all of the following: (a) Meet at least quarterly with, and report annually in writing to, the department of workforce development and the department of revenue on its investigations and prosecutions on worker misclassification and payroll fraud. (b) Send copies of its reports under par. (a) to the appropriate standing committees of the legislature under s. 13.172 (3). (c) Upon request, report to or appear personally before the appropriate legislative standing committees, the council on unemployment insurance, or the council on worker’s compensation concerning its investigations and prosecutions on worker misclassification and payroll fraud.

Wis. Stat. § 165.26 Department of justice may have cases printed

In all state cases to be argued in the supreme court by the department of justice, the department may require the printing by the state printer, when necessary, of the briefs and appendices of the department; and the account therefor shall be paid out of the state treasury and charged to the appropriation in s. 20.455 (1) (d).

Wis. Stat. § 165.28 Office of school safety

The office of school safety shall do all of the following: (1) In conjunction with the department of public instruction, create model practices for school safety. The department of public instruction shall provide any resources or staff requested by the office to create the model practices. The office shall also consult the Wisconsin School Safety Coordinators Association and the Wisconsin Safe and Healthy Schools Training and Technical Assistance Center. (2) Coordinate with schools under s. 118.07 (4) (cf) and the department of administration to compile blueprints or interactive critical mapping data, as defined in s. 165.88 (3m) (ac), for all schools. The office shall keep all blueprints and data confidential unless a law enforcement agency requests access. (3) Offer, or contract with another party to offer, training to school staff on school safety. Training subjects may include trauma informed care and how adverse childhood experiences have an impact on a child’s development and increase needs for counseling or support. If a school receives under s. 165.88 (2) (b) a grant for the training under this subsection, the office may charge a fee for the training.

Wis. Stat. § 165.29 Human trafficking council

(1) The human trafficking council shall do all of the following: (a) Compile and maintain an inventory of human trafficking prevention programs and services in this state and develop, maintain, and keep current an online database to share information among counties, law enforcement agencies, state agencies that have responsibilities relating to sex trafficking, and organizations that provide human trafficking prevention programs and services or victim support programs and services. The database shall include an online portal that is accessible by each such entity. (b) Beginning on July 1, 2028, and once every 3 years thereafter, define, review, and assess the efficacy of the expenditure of state funds allocated to human trafficking prevention. (c) Compile data on human trafficking offenses committed in this state using metrics the council determines to be of use, including at a minimum the annual number of arrests, prosecutions, and convictions for human trafficking offenses under s. 940.302 or 948.051. (d) Assess sex trafficking activities in each county, establish criteria to be used as the basis for recommendations to counties, and make recommendations to counties as to whether a human trafficking task force should be established in that county or that a law enforcement agency in that county designate a law enforcement officer to coordinate the law enforcement agency’s human trafficking prevention and enforcement efforts. (e) Assess the regulation and oversight of facilities that provide residential care in a congregate living environment, including community-based residential facilities, as defined in s. 50.01 (1g), and group homes licensed under s. 48.625, as it relates to victims of human trafficking. (f) Assess the frequency and extent to which social media platforms are used to assist, facilitate, or support human trafficking in this state; establish a process to detect such use on a consistent basis; and develop recommendations on how to stop, reduce, or prevent social media platforms from being used for human trafficking purposes. (g) Develop a state strategic plan for preventing human trafficking, providing resources for law enforcement initiatives, providing resources to organizations that provide human trafficking prevention programs and services or human trafficking victim support services programs and services, and creating or providing access to relevant training programs for law enforcement or such organizations. (h) In consultation with the department of justice, develop a model protocol for interviewing and interacting with individuals who are victims of human trafficking offenses under s. 940.302 or 948.051. (i) Develop a model training program for counties relating to reducing interest in solicitation by individuals who solicit or facilitate commercial sex acts. (j) 1. By July 1 of each year, submit to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) and post on the department of administration’s and department of justice’s websites a report that summarizes the data collected by the council during the previous year, the activities of the council during the previous year, and any obstacles that prevented the council from successfully carrying out its duties during the previous year. 2. In the 3rd report submitted under subd. 1., include a recommendation as to whether the council should continue to operate after June 30, 2029, and recommendations relating to moving the council’s ongoing initiatives to state agencies or counties or other local units of governments. (2) The human trafficking council may request, and the department of administration and department of justice shall collaborate to provide, any data necessary to carry out the human trafficking council’s duties under sub. (1).

Wis. Stat. § 165.30 Collection of delinquent obligations

(1) Definitions. In this section: (a) “Departments” has the meaning given in s. 16.002 (2). (b) “Obligation” includes any amount payable to the state, including accounts, charges, claims, debts, fees, fines, forfeitures, interest, judgments, loans, penalties and taxes. (2) Bankruptcy cases. The department of justice shall monitor bankruptcy cases filed in bankruptcy courts in this state and other states, notify departments that may be affected by those bankruptcy cases, and represent the interests of the state in bankruptcy cases and related adversary proceedings. (3) Collection proceeds. (a) All obligations collected by the department of justice under this section shall be paid to the secretary of administration and deposited in the appropriate fund. (b) From the amount of obligations collected by the department of justice under this section, the secretary of administration shall credit an amount equal to the reasonable and necessary expenses incurred by the department of justice related to collecting those obligations to the appropriation account under s. 20.455 (1) (gs).

Wis. Stat. § 165.40 Acquisition of hospitals

(1) Definitions. In this section: (a) “Acquisition” means the long-term leasing of a hospital or a system of hospitals, or the acquiring by a person of an ownership or controlling interest in a hospital or a system of hospitals that results in one of the following: 1. A change of at least 20 percent ownership or control. 2. Possession by the person of at least 50 percent ownership or control. (am) “Department” means the department of health services. (b) “Hospital” has the meaning given in s. 50.33 (2). (c) “Local agency” means an agency of a county, city, village or town. (d) “Nonprofit corporation” has the meaning given in s. 181.0103 (17). (dm) “Office” means the office of the commissioner of insurance. (e) “Person” means an individual, sole proprietorship, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver. (f) “State agency” has the meaning given in s. 16.004 (12) (a), except that it includes the University of Wisconsin Hospitals and Clinics Authority. (g) “Working day” has the meaning given in s. 227.01 (14). (2) Prohibition; approval required. (a) Except as provided in sub. (5), no person may engage in the acquisition of a hospital or a system of hospitals owned by any of the following unless the person has first received review and approval of an application concerning the acquisition under this section from the attorney general, the office and the department: 1. A nonprofit corporation. 2. A city. 3. A county. 4. The state. 5. The University of Wisconsin Hospitals and Clinics Authority. (b) If the proposed acquisition under this subsection is for a system of hospitals, the person who proposes to engage in the acquisition shall provide notice of the impending acquisition to the attorney general, to the office and to the department at least 30 days before the offer to purchase or lease is made. The attorney general shall, within 5 days after receipt of the notice, determine and notify the person as to whether a single application for the system or an application for each hospital within the system shall be submitted for review. If the attorney general determines that an application for each hospital within the system shall be submitted, no submitted application is complete until all complete applications for the hospitals within the system are submitted to the attorney general, to the office and to the department. (3) Application review by the attorney general, the office and the department; procedures. (a) An application for review by the attorney general, the office and the department that is required under sub. (2) shall, at the time the offer to purchase or lease is made, be submitted to the attorney general, to the office and to the department on a form that is provided by the attorney general. The application shall include all of the following: 1. The name of the seller or lessor. 2. The name of the purchaser or lessee and, if applicable, other parties to the acquisition. 3. The terms of the proposed agreement. 4. The sale price or rental charges. 5. A copy of the acquisition agreement. 6. A financial and economic analysis and report by an independent expert or consultant of the effect of the acquisition under the standards specified in sub. (4). (b) An application and all documents related to the application, as specified in par. (a), are public records for the purposes of subch. II of ch. 19. (c) 1. Within 5 working days after receipt of a completed application under par. (a), the attorney general shall do all of the following: a. Have notice of the application published as a class 2 notice, under ch. 985, in a newspaper having general circulation in the community or communities in which the hospital or system of hospitals to be sold or leased is located. b. Notify by 1st class mail any person who has requested that the attorney general provide notice of the filing of hospital acquisition review applications. 2. Notice or a notification under subd. 1. shall state all of the following: a. That a hospital acquisition review application has been received. b. The names of the parties to the acquisition. c. The contents of the hospital acquisition review application. d. The date by which a person may submit written comments about the hospital acquisition review application to the attorney general. e. That a public meeting will be held on the acquisition proposed by the application, the time and location of the meeting and the fact that any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting. (d) Not later than 30 days after receipt of a completed application under sub. (2) (a), or as soon as practicable but not more than 120 days after receipt of a completed application under sub. (2) (b), and after giving 10 working days’ notice, the attorney general shall hold a public meeting at a location that, at a minimum, is in the community served by the hospital, on the acquisition proposed by the application. If the proposed acquisition is for a system of hospitals, a public meeting shall be held in each community served by the system. Any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting. (e) The attorney general shall establish and maintain a summary of written and oral comments made for or at the public meeting, including all questions posed, and shall require answers of the appropriate parties. The attorney general shall in an expeditious manner provide the office and the department with a copy of the summary and answers. The summary and answers shall be filed in the office of the attorney general and in the public library of the public library system for the community served by the hospital and a copy shall be available upon request to the attorney general. (f) The attorney general may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions and use related discovery procedures for purposes of the meeting under par. (d) and otherwise during performance of a review under this subsection. The attorney general shall in an expeditious manner provide the office and the department with copies of any information obtained by the attorney general under this paragraph. (g) The attorney general shall provide the office and the department with any information about the application that is in addition to that which the attorney general has previously provided the office and the department. Within 60 days after receipt of a completed application under sub. (2) (a) or as soon as practicable but not more than 150 days after receipt of a completed application under sub. (2) (b), the attorney general, the office and the department shall each independently review the application in accordance with the standards specified in sub. (4) and shall approve or disapprove the application. The attorney general, the office and the department may not make a decision under this paragraph based on any condition that is not directly related to the standards under sub. (4). The attorney general, the office and the department shall jointly agree on a single release date for the decisions each has made under this paragraph and shall release their decisions on that date. (h) If the attorney general, the office or the department disapproves an application under par. (g), any of the following may bring an action in circuit court for a declaratory judgment under s. 806.04 as to whether the proposed acquisition meets the standards under sub. (4): 1. The applicant. 2. Any person who submitted comments under par. (d) and who has a legal interest in a hospital for which acquisition is proposed or in another hospital that has contracted for the provision of essential health services with the hospital for which acquisition is proposed. (4) Application review by the attorney general, the office and the department; standards. The attorney general shall approve an application if he or she finds and the office and the department shall approve an application if the office or the department finds that the following standards are met: (a) That the acquisition is permitted under ch. 181 or any other statute that governs nonprofit entities. (b) That the hospital exercised due diligence in deciding to sell or lease, selecting the purchaser or lessee and negotiating the terms and conditions of the sale or lease. (c) That the procedure used by the seller or lessor in making its decision to sell or lease was adequate, including whether the seller or lessor used appropriate expert assistance. The attorney general may employ, at the purchaser’s or lessee’s expense, reasonably necessary expert assistance in considering evidence under this paragraph. (d) That conflict of interest was disclosed, including conflicts of interest related to members of the board of directors of, executives of or experts retained by the seller or lessor, the purchaser or lessee or other parties to the acquisition. (e) That charitable funds are not placed at unreasonable risk, if the acquisition is a sale that is financed in part by the seller. (f) That any management contract under the acquisition is for reasonably fair value. (g) That the sale or rental proceeds will be used for appropriate charitable health care purposes, including health promotion, in the community affected by the acquisition and that the proceeds will be controlled as charitable funds independently of the purchaser or parties to the acquisition. (h) That, if the hospital is sold, a right of first refusal is retained to repurchase the assets by a successor nonprofit corporation, by the city, county or state or by the University of Wisconsin Hospitals and Clinics Authority if the hospital is subsequently sold to, acquired by or merged with another entity. (5) Exemptions. The acquisition, by one of the following, of a hospital or system of hospitals owned by a nonprofit corporation is exempt from the application of this section: (a) A state agency. (b) A local agency. (c) Another nonprofit corporation, to which all of the following apply: 1. The nonprofit corporation has a charitable health care purpose that is substantially similar to the corporation that owns the hospital or system of hospitals. 2. The nonprofit corporation is an organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code. 3. The nonprofit corporation maintains on the board of directors of the acquired hospital or system of hospitals representation from the community affected by the acquisition. (6) Denial, suspension or revocation of certificate of approval. (a) No certificate of approval to maintain a hospital may be issued under s. 50.35 and a certificate of approval that has been issued under that section shall be suspended or revoked if any of the following occurs: 1. Acquisition of a hospital that is subject to sub. (2) is made without approval by the attorney general, the office or the department. 2. Acquisition of a hospital that is subject to sub. (2) is made after the attorney general, the office or the department has disapproved an application for the acquisition under sub. (4) and, if an action under s. 806.04 is brought, after a judicial determination is made under s. 806.04 that the proposed acquisition does not meet the standards specified in sub. (4) (a) to (h). (b) If the attorney general or the office is aware that a violation of par. (a) 1. or 2. has occurred, the attorney general or the office shall notify the department for appropriate action under s. 50.35. (7) Attorney general; authority. Nothing in this section or in s. 50.35 limits the authority of the attorney general to act with respect to an acquisition, including the authority of the attorney general to act under 15 USC 26, ch. 133 or other state law.

Wis. Stat. § 165.50 Criminal investigation

(1) The department of justice shall perform the following criminal investigatory functions for the state: (a) Investigate crime that is statewide in nature, importance or influence. (b) Conduct arson investigations. (2) Special criminal investigation agents of the department shall have the same general police powers as are conferred upon peace officers. (3) Except as provided in s. 20.001 (5), all moneys received as restitution payments reimbursing the department of justice for moneys expended in undercover investigations and operations shall be deposited as general purpose revenue — earned.

Wis. Stat. § 165.51 State fire marshal

The attorney general shall designate an employee as the state fire marshal.

Wis. Stat. § 165.055 Appointments

(1) The attorney general may appoint a deputy attorney general and assistants each of whom shall be an attorney at law admitted to practice in this state. Such appointments shall be made in writing and filed in the office of the secretary of state, and such appointees shall take and subscribe the constitutional oath of office which shall also be filed. Appointees shall perform such duties as the attorney general prescribes. (2) The attorney general shall be responsible for all acts of the deputy attorney general. (4) The attorney general shall appoint, in the unclassified service, the administrator of the legal services division subject to s. 230.08 (4) (a).

Wis. Stat. § 165.55 Arson investigation

(1) The chief of the fire department or company of every city, village and town in which a fire department or company exists, and where no fire department or company exists, the city mayor, village president or town clerk shall investigate or cause to be investigated the cause, origin and circumstances of every fire occurring in his or her city, village or town by which property has been destroyed or damaged when the damage exceeds $500, and on fires of unknown origin he or she shall especially investigate whether the fire was the result of negligence, accident or design. Where any investigation discloses that the fire may be of incendiary origin, he or she shall report the same to the state fire marshal. (2) The department of justice shall supervise and direct the investigation of fires of incendiary origin when the state fire marshal deems the investigation expedient. (3) When, in the opinion of the state fire marshal, investigation is necessary, he or she shall take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to any case of damage to property by fire or explosives. If the state fire marshal is of the opinion that there is evidence sufficient to charge any person with a crime under s. 941.11, 943.01, 943.012, 943.013, 943.02, 943.03 or 943.04 or with an attempt to commit any of those crimes, he or she shall cause the person to be prosecuted, and furnish the prosecuting attorney the names of all witnesses and all the information obtained by him or her, including a copy of all testimony taken in the investigation. (4) The state fire marshal shall assign at least one deputy fire marshal exclusively to fire marshal duties for counties having a population of 750,000 or more. (7) The state fire marshal and his or her subordinates shall each have the power to conduct investigations and hearings and take testimony regarding fires and the causes thereof, and compel the attendance of witnesses. The fees of witnesses shall be paid upon certificates signed by the officer before whom any witnesses shall have attended, and shall be charged to the appropriation for the state fire marshal. (8) All investigations held by or under the direction of the state fire marshal, or his or her subordinates, may, in the fire marshal’s discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept apart from each other, and not allowed to communicate with each other until they have been examined. (9) The state fire marshal and his or her subordinates may at all reasonable hours in performance of their duties enter upon and examine any building or premises where any fire has occurred and other buildings or premises near the same, and seize any evidence found as a result of such examination which in the opinion of the officer finding the same may be used in any criminal action which may result from such examination or otherwise, and retain it for a reasonable time or until it becomes an exhibit in the action. (10) The state fire marshal, deputy state fire marshals or chiefs of fire departments shall apply for and obtain special inspection warrants prior to the inspection or investigation of personal or real properties which are not public buildings or for the inspection of portions of public buildings which are not open to the public for the purpose of determining the cause, origin and circumstances of fires either upon showing that consent to entry for inspection purposes has been refused or upon showing that it is impractical to obtain the consent. The warrant may be in the form set forth in s. 66.0119 (3). The definition of a public building under s. 101.01 (12) applies to this subsection. No special inspection warrant is required: (a) In cases of emergency when a compelling need for official action can be shown and there is no time to secure a warrant; (b) For investigations which occur during or immediately after the fire fighting process; or (c) For searches of public buildings which are open to the public. (10m) Any investigation or inspection authorized under sub. (10) shall be conducted by the state fire marshal, deputy state fire marshals or chiefs of fire departments or their designees. (11) All officers who perform any service at the request of the state fire marshal or the state fire marshal’s subordinates shall receive fees determined by the state fire marshal and such fees shall be charged to the appropriation for the department of justice. (13) Any officer named in subs. (1) and (2) who neglects to comply with any of the requirements of this section shall be fined not less than $25 nor more than $200 for each neglect or violation. (14) The state fire marshal, any deputy fire marshal, any fire chief or his or her designee may require an insurer, including the state acting under ch. 619, to furnish any information in its possession relating to a fire loss involving property with respect to which a policy of insurance issued or serviced by the insurer may apply. Any insurer, including the state, may furnish to the state fire marshal, any deputy fire marshal, any fire chief or designee information in its possession relating to a fire loss to which insurance issued by it may apply. In the absence of fraud or malice, no insurer furnishing information under this subsection, state fire marshal, deputy fire marshal, fire chief or designee, and no person acting on behalf of the insurer, state fire marshal, deputy fire marshal, fire chief or designee, shall be liable in any civil or criminal action on account of any statement made, material furnished or action taken in regard thereto. Information furnished by an insurer under this subsection shall be held in confidence by the state fire marshal, deputy fire marshal, fire chief or designee and all subordinates until release or publication is required pursuant to a civil or criminal proceeding. Information obtained by the state fire marshal, any deputy fire marshal, fire chief or designee during their investigations of fires determined to be the result of arson may be available to the insurer of the property involved. (15) The state fire marshal, any deputy fire marshal, any fire chief, or his or her designee may obtain information relating to a juvenile from a law enforcement agency, a court assigned to exercise jurisdiction under chs. 48 and 938 or an agency, as defined in s. 938.78 (1), as provided in ss. 938.396 (1) (c) 8. and (2g) (j) and 938.78 (2) (b) 1. and may obtain information relating to a pupil from a public school as provided in ss. 118.125 (2) (ch) and (L) and 938.396 (1) (d).

Wis. Stat. § 165.60 Law enforcement

The department of justice is authorized to enforce ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30 (1m), 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), 945.04 (1m), and 948.081 and ch. 108 and, with respect to a false statement submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described under s. 175.60 (17) (c), to enforce s. 946.32, is authorized to assist the department of workforce development in the investigation and prosecution of suspected fraudulent activity related to worker’s compensation as provided in s. 102.125, and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

Wis. Stat. § 165.63 Access to firearm prohibition orders

(1) Definition. In this section, “department” means the department of justice. (2) Department to provide information upon request. Upon a request under sub. (3), (4), or (5), the department shall provide to the person making the request information regarding any of the following: (a) Individuals ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a). (b) The cancellation under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3) (f) 2. c., or 55.12 (10) (b) 3. of an order not to possess a firearm. (2m) Process; data confidentiality. The department, when providing information under sub. (2), may use the transaction information for the management of enforcement system or another method approved by the department to process requests and responses in a secure manner to ensure confidentiality of the data. (3) Requests from courts. In making a determination required under s. 813.1285 (7) (a) or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d). (4) Law enforcement requests. A law enforcement agency or a law enforcement officer may request information under sub. (2) from the department to do any of the following: (a) Enforce or investigate a violation of s. 941.29 or 941.2905. (b) Conduct a background check on an individual who is applying to become a law enforcement officer or on a current law enforcement officer. (c) Make a determination under s. 175.48 (2) (a) or 175.49 (2) (b) 4. or (5). (d) Aid the court in making a determination required under s. 813.1285 (7) (a) or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2. (5) Return of seized firearm. In making a determination required under s. 968.20 (1m) (d) 2., an entity holding a seized firearm shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

Wis. Stat. § 165.065 Assistant attorneys general; antitrust

(1) At least one assistant attorney general shall be assigned to the investigation and prosecution of violations arising under ch. 133 and shall carry out the duties imposed on the attorney general by ch. 133. All apparent violations of ch. 133 which come to the attention of any officer or agency of state government shall be reported to one of such assistant attorneys general. All officers and agencies shall cooperate with and assist the department of justice in the investigation and prosecution of such apparent violations. (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade and consumer protection in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.

Wis. Stat. § 165.65 Drug disposal program

(1) Definitions. In this section: (a) “Authorized under federal law” means permitted under 21 USC 801 to 971 or 21 CFR 1300 to 1321. (am) “Controlled substance” has the meaning given in s. 961.01 (4). (b) “Controlled substance analog” has the meaning given in s. 961.01 (4m). (c) “Drug disposal program” means a program to receive household pharmaceutical items and to recycle, destroy, or otherwise dispose of those items. “Drug disposal program” does not include a sharps collection station operated in compliance with rules promulgated by the department of natural resources. (d) 1. Except as provided under subd. 2., “household pharmaceutical item” means any of the following if lawfully possessed by an individual for the individual’s own use, for the use of a member of the individual’s household, or for the use of an animal owned by the individual or a member of the individual’s household: a. A drug, as defined in s. 450.01 (10); a prescription drug, as defined in s. 450.01 (20); or a controlled substance or controlled substance analog, if the drug, prescription drug, or controlled substance or controlled substance analog is located in or comes from a place where the individual, a member of the individual’s household, an in-home hospice service, or an adult family home serving fewer than 5 adult members manages the use of the drug, prescription drug, or controlled substance or controlled substance analog. b. A device, as defined in s. 450.01 (6), or an object used for administering a drug, if the device or object is located in or comes from a place where the individual, a member of the individual’s household, an in-home hospice service, or an adult family home serving fewer than 5 adult members manages the use of the device or object. 2. “Household pharmaceutical item” does not include any of the following: a. Any item that may be contaminated with antineoplastic chemotherapy drugs, including objects used to administer drugs, gloves, and other items that have come into contact with chemotherapy drugs. b. Any item containing elemental mercury. (e) “Political subdivision” means a city, village, town, or county. (2) Department of justice authorization to operate a drug disposal program. (a) Except as provided under sub. (3), no person may receive household pharmaceutical items pursuant to a drug disposal program unless the department of justice grants written authorization for that program under par. (b) or the program is authorized under federal law. (b) The department of justice may, without a hearing, grant written authorization to a person to operate a drug disposal program if all of the following conditions are satisfied: 1. The person adopts written policies and procedures that comply with sub. (5). The department of justice shall review and either approve or disapprove in writing those policies and procedures. The department of justice shall approve the policies and procedures if the department of justice determines that the policies and procedures do not violate the requirements of this section or any other applicable federal or state law, and shall disapprove them otherwise. If the department of justice disapproves the policies and procedures, the department of justice shall state the reasons for that disapproval in writing to the person. At any time, the person may resubmit revised policies and procedures to the department of justice for its review and approval under this subdivision. 2. If the drug disposal program will receive household pharmaceutical items in any manner other than the transfer of a household pharmaceutical item in person to the program by a person that lawfully possesses the household pharmaceutical item, the person demonstrates to the satisfaction of the department of justice that those transfers will comply with any federal or state law applicable to the transportation and delivery of household pharmaceutical items. (c) A person may not revise policies and procedures approved by the department of justice under par. (b) 1. unless the department of justice approves the revisions under par. (b) 1. (d) Any determination or action by the department of justice under par. (b) or (c) is not subject to judicial review. (3) Authorization by a political subdivision to operate a drug disposal program. A political subdivision may operate or the governing body of a political subdivision may grant written authorization for a person to operate a drug disposal program only if all of the following apply: (a) The political subdivision or the authorized person operates the drug disposal program only within the boundaries of the political subdivision, except as provided under sub. (4). (b) The applicable requirements under sub. (5) are satisfied. (c) The drug disposal program receives household pharmaceutical items only by means of delivery in person by a person that lawfully possesses the household pharmaceutical item, unless the drug disposal program is authorized under federal law to receive household pharmaceutical items by other means. (4) Multijurisdictional drug disposal program. A drug disposal program may operate within more than one political subdivision if the department of justice authorizes that program under sub. (2), all political subdivisions within which the drug disposal program operates authorize that program under sub. (3), or the program is authorized under federal law. (5) Operation of a drug disposal program. (a) A person that operates a drug disposal program, except a drug disposal program that is authorized under federal law, shall establish and promptly update as appropriate written policies and procedures that do all of the following: 1. Describe in detail the manner in which the program operates, including an identification of the kinds of household pharmaceutical items that may be received under the program, whether the program may receive controlled substances and controlled substance analogs, whether household pharmaceutical items will be transferred by mail under the program, and the locations at which household pharmaceutical items may be transferred in person under the program. 2. List the name, address, telephone number, and 24-hour contact information for one or more persons in this state who are responsible for the operation of the program. 3. Ensure compliance with chs. 450 and 961; with any applicable provision under chs. 287, 289, and 291 and s. 299.51 relating to medical waste, solid waste, or hazardous waste; and with any other applicable federal or state law. (b) 1. The policies and procedures for a drug disposal program authorized under sub. (2) and any changes to those policies and procedures are subject to review and approval under sub. (2) (b) 1. 2. Legal counsel for the political subdivision, or, at the discretion of the political subdivision, the department of justice if the political subdivision’s legal counsel is not an employee of the political subdivision, shall review and either approve or disapprove the policies and procedures for a drug disposal program implemented or authorized under sub. (3) and any changes to those policies and procedures. Legal counsel, or the department of justice if appropriate, shall approve the policies and procedures or changes if it determines that the policies and procedures or changes do not violate the requirements of this section or any other applicable federal or state law, and shall disapprove them otherwise. Any approval under this subdivision shall be in writing. The political subdivision shall provide a copy of the approval and a copy of the policies and procedures or changes to the policies and procedures to the department of justice. (c) The operation of a drug disposal program, including a drug disposal program that is authorized under federal law, shall immediately cease if a law enforcement officer, as defined in s. 165.85 (2) (c), a federal law enforcement officer, as defined in s. 175.40 (7) (a) 1., the department of justice, or another federal or state agency notifies a designated contact person for the program that the program is in violation of any federal or state law enforceable by the officer, department of justice, or other agency. That notification is not subject to judicial review. The program may resume operation only upon the program’s receipt of written notice from the officer, department of justice, or other agency that the program is no longer in violation of the federal or state law. (d) Each person that operates a drug disposal program in this state shall, within 30 days after the drug disposal program begins operation, notify and provide all of the following information to the department of natural resources: 1. The location and hours of operation of the drug disposal program. 2. The name, address, telephone number, and 24-hour contact information for one or more persons in this state who are responsible for the operation of the program. 3. A description of the household pharmaceutical items the drug disposal program may receive. (6) Transfer and receipt of household pharmaceutical items. (a) Notwithstanding ss. 450.03 (1) and 450.11 (7) (g) and (h) and (9) (b), a person that lawfully possesses a household pharmaceutical item may transfer, and it is not a crime for such a person to transfer, the household pharmaceutical item to a drug disposal program if the program is authorized under sub. (2) or (3) or is authorized under federal law. (b) Notwithstanding s. 450.11 (7) (g) and (h) and (9) (b), a person may receive, and it is not a crime for a person to possess, a household pharmaceutical item pursuant to a drug disposal program if the receipt or possession is within the scope of the program and the program is authorized under sub. (2) or (3) or is authorized under federal law or, if the receipt or possession is not within the scope of the program, the receipt or possession is inadvertent and the program promptly notifies an appropriate law enforcement officer of the receipt or possession and complies with any instructions the law enforcement officer provides.

Wis. Stat. § 165.066 Assistant attorney general; unemployment insurance law enforcement

The attorney general shall assign at least 0.5 assistant attorney general position to assist in the investigation and prosecution of noncompliance with ch. 108.

Wis. Stat. § 165.68 Address confidentiality program

(1) Definitions. In this section: (a) “Abuse” means an act or threat of any of the following: 1. Child abuse under ss. 813.122 (1) (a) or 948.02 to 948.11. 2. Domestic abuse, as defined in s. 813.12 (1) (am). 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6. 4. Stalking under s. 940.32. 5. Trafficking under s. 940.302. (b) “Actual address” means the residential street address, school address, or work address, or any portion thereof, of a program participant. (c) “Assigned address” means an address designated by the department and assigned to a program participant. (d) “Department” means the department of justice. (e) “Mail” means first class letters and flats delivered by the United States Postal Service, including priority, express, and certified mail. “Mail” does not include a package, parcel, periodical, or catalogue unless it is clearly identifiable as being sent by a state or local agency or unit of government or is clearly identifiable as containing a pharmaceutical or medical item. (f) “Program assistant” means an individual designated by the department to assist a program participant. The department may designate as a program assistant an employee of the department or of a state or local agency that provides counseling, assistance, or support services to victims, or an employee of or a volunteer for an organization that provides counseling, assistance, or support services free of charge to victims. (g) “Program participant” means a person who is certified by the department to participate in the confidentiality program established in this section. (2) Eligibility. (a) A person is eligible for participation in the confidentiality program established in this section if he or she attests all of the following: 1. That he or she is a resident of this state. 2. That at least one of the following applies: a. He or she is a victim of abuse, a parent or guardian of a person who is a victim of abuse, or a resident of a household in which a victim of abuse also resides. b. He or she fears for his or her physical safety or for the physical safety of his or her child or ward. 3. That he or she resides or will reside at a location in this state that is not known by the person who committed the abuse against, or who threatens, the applicant or his or her child or ward. 4. That he or she will not disclose his or her actual address to the person who committed the abuse against, or who threatens, the applicant or his or her child or ward. (b) A person is eligible under par. (a) regardless of whether any criminal charges have been brought relating to any act or threat against the person, whether the person has sought any restraining order or injunction relating to any act or threat against the person, or whether the person has reported any act or threat against him or her to a law enforcement officer or agency. (3) Administration; application. (a) The department shall provide an application form for participation in the confidentiality program established in this section. The department may not charge a fee for applying to, or participating in, the program. (b) The application form shall include all of the following: 1. The applicant’s name. 2. The applicant’s actual address. 3. A place for the applicant to identify any state or local government agency that employs a person who committed an act of abuse against the applicant. 4. A statement certifying that the applicant understands and consents to all of the following program requirements: a. A program participant remains enrolled in the program for 5 years, unless he or she cancels his or her participation under subd. 4. f. or is disenrolled under subd. 4. e. b. A program participant is required to notify the department when he or she changes his or her actual address or legal name. c. A program participant is required to develop a safety plan with a program assistant. d. A program participant authorizes the department to notify state or local agencies and units of government that the applicant is a program participant. e. The department may disenroll a program participant if the person fails to update his or her information under subd. 4. b., or at any time after the department determines that the person no longer meets the eligibility requirements established under sub. (2). The department will notify a program participant if his or her participation will expire or if the department will disenroll the participant. A program participant who receives a notification under this subd. 4. e. may update his or her information to establish eligibility or may reenroll in the program within 6 months from the date the department issues the notification. f. A program participant may cancel his or her participation in the program at any time by submitting a written notice to the department. g. A program participant certifies the department to be the program participant’s designated agent for service of process. (4) Use of assigned address; release of information. (a) The department shall provide to each person it approves as a program participant an assigned address and shall provide each program participant a notification form for use under sub. (5). (b) The department shall forward all mail it receives at the assigned address for each program participant to the program participant’s actual address. (c) The department shall provide, at the request of a program participant or at the request of a state or local agency or unit of government, confirmation of the person’s status as a program participant. (d) 1. Except as provided under subd. 2., the department may not disclose a program participant’s actual address to any person except pursuant to a court order. If a court order is requested for disclosure, the department shall request the court to keep any record containing the program participant’s actual address sealed and confidential. 2. The department may disclose a program participant’s actual address to a law enforcement officer for official purposes. (5) Use of assigned address; confidentiality. (a) A program participant may use the assigned address provided to him or her under sub. (4) for all purposes. (b) No state or local agency or unit of government may refuse to use a program participant’s assigned address for any official business, unless a specific statutory duty requires the agency or unit of government to use the participant’s actual address. A state or local agency or unit of government may confirm with the department a person’s status as a program participant. (c) No person who has received a notification form from a program participant may refuse to use the assigned address for the program participant, may require a program participant to disclose his or her actual address, or may intentionally disclose to another person the actual address of a program participant. (d) Notwithstanding pars. (a), (b), and (c), a municipal clerk may require a program participant to provide his or her actual address for voter registration and voter verification purposes. A municipal clerk shall also require a program participant to disclose his or her actual address to enroll a program participant in the confidential voter program provided under s. 6.47. If a voter is enrolled in the confidential voter program under s. 6.47 the municipal clerk shall keep the program participant’s actual address confidential as provided under s. 6.47. (e) The department may promulgate rules under sub. (6) to allow a program participant to consent to a disclosure of his or her actual address by the department or other entity with knowledge of the program participant’s actual address when necessary to qualify for certain public assistance benefits or real property transactions. A person who discloses information under this paragraph shall include a notice that the information is confidential, and disclosure of the information to any 3rd party will be subject to the penalty under sub. (7). (f) 1. If a program participant is the sole member of a limited liability company, the limited liability company may list the department as its registered agent and registered office under s. 183.0115 (1m). 2. If the department receives service of process, notice, or demand required or permitted by law to be served on a limited liability company under subd. 1., the department shall forward the process, notice, or demand to the program participant’s actual address. (6) Rules. The department shall promulgate rules regarding administration of the program established under this section and regarding the retention and destruction of applications, records, and other documents received or generated under this section. The department may use the emergency rule procedures under s. 227.24 to promulgate the rules required under this subsection. Notwithstanding s. 227.24 (1) (a) and (3), the department may promulgate those rules as emergency rules without providing evidence that promulgating those rules as emergency rules is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope of those rules or to submit those rules in final draft form to the governor for approval. (7) Criminal penalty. A person who intentionally releases information in violation of this section is guilty of a misdemeanor.

Wis. Stat. § 165.70 Investigation of statewide crime

(1) The department of justice shall do all of the following: (a) Investigate crime that is statewide in nature, importance or influence. (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss. 940.62 (2) (a), 941.25, 941.26, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.016 (1), 947.02 (3) and (4), 948.075, 948.08, and 948.081 and s. 940.20 (3), 2023 stats., and s. 940.201, 2023 stats. (d) Enforce and administer s. 165.55. (e) Investigate violations of ch. 563 that are statewide in nature, importance or influence. (1m) The department may not investigate violations of or otherwise enforce s. 945.03 (2m) or 945.04 (2m). (2) The attorney general shall appoint, under the classified service, investigative personnel to achieve the purposes set out in sub. (1) who shall have the powers of a peace officer. As many as are deemed necessary of the investigators so appointed shall be trained in drugs and narcotics law enforcement, or shall receive such training within one year of their appointment, and they shall assist, when appropriate, local law enforcement agencies to help them meet their responsibilities in this area. (3) It is the intention of this section to give the attorney general responsibility for devising programs to control crime statewide in nature, importance or influence, drugs and narcotics abuse, commercial gambling other than what is described in s. 945.03 (2m) or 945.04 (2m), prostitution, and arson. Nothing herein shall deprive or relieve local peace officers of the power and duty to enforce those provisions enumerated in sub. (1). (4) District attorneys, sheriffs and chiefs of police shall cooperate and assist the personnel of the department in the performance of their duties.

Wis. Stat. § 165.71 Human trafficking resource center hotline poster

(1) The department of justice shall design a poster, or obtain a predesigned poster, that provides information regarding a human trafficking resource center hotline. The department shall ensure that the size of poster makes it legible and that the poster informs individuals what human trafficking is and provides a phone number that a victim or someone who knows a victim can call or text for help and services. The poster shall be in English and Spanish, and, for each county, in any other language required for voting materials in that county under federal law. (2) The department of justice shall make the poster under sub. (1) available to others to print from its Internet site and shall encourage its display at each of the following places: (a) Gas stations with signs visible from an interstate or state highway that offer amenities to commercial vehicles. (b) Hotels. (c) Adult entertainment establishments. (d) Salons at which hair or nail services are provided. (e) Places at which employers engage some employees to perform agricultural labor. (f) Hospitals or other medical centers. (g) Places at which athletic or sporting events occur. (h) Establishments that operate as a massage parlor or spa, alternative health clinic, or similar entity. (i) Expositions conducted by a county or agricultural society. (j) Courthouses. (k) Rest areas maintained by the department of transportation. (L) Public and private transit stations.

Wis. Stat. § 165.72 Controlled substances hotline and rewards for controlled substances tips

(1) Definitions. In this section: (aj) “Department” means the department of justice. (b) “Jail officer” has the meaning given in s. 165.85 (2) (bn). (bt) “Juvenile detention officer” has the meaning given in s. 165.85 (2) (bt). (c) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b). (d) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c). (2) Hotline. The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for all of the following: (a) For persons to anonymously provide tips regarding suspected controlled substances violations. (b) For pharmacists to report suspected controlled substances violations. (3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under s. 20.455 (2) (m) for information under sub. (2) (a) leading to the arrest and conviction of a person for a violation of ch. 961. (4) Payment limitations. A reward under sub. (3) may not exceed $1,000 for the arrest and conviction of any one person. The department may not make any reward payment to a law enforcement officer, jail officer, juvenile detention officer, pharmacist, or department employee. (5) Department authority. If a reward is claimed, the department shall make the final determination regarding any payment. The department may pay portions of a reward to 2 or more persons. The payment of a reward is not subject to a contested case proceeding under ch. 227. The offer of a reward under sub. (3) does not create any liability on the department or the state. (6) Records. The department may withhold any record under this section from inspection or copying under s. 19.35. (7) Publicity. The department shall cooperate with the department of public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2).

Wis. Stat. § 165.75 Crime laboratories

(1) In this section and ss. 165.77 to 165.81: (a) “Department” means the department of justice. (b) “Employee” means any person in the service of the laboratories. (c) “Laboratories” means the crime laboratories. (2) The personnel of the laboratories shall consist of such employees as are authorized under s. 20.922. (3) (a) The purpose of the laboratories is to establish, maintain and operate crime laboratories to provide technical assistance to local law enforcement officers in the various fields of scientific investigation in the aid of law enforcement. Without limitation because of enumeration the laboratories shall maintain services and employ the necessary specialists, technical and scientific employees for the recognition and proper preservation, marking and scientific analysis of evidence material in the investigation and prosecution of crimes in such fields as firearms identification, the comparison and identification of toolmarks, chemistry, identification of questioned documents, metallurgy, comparative microscopy, instrumental detection of deception, the identification of fingerprints, toxicology, serology and forensic photography. (b) The employees are not peace officers and have no power of arrest or to serve or execute criminal process. They shall not be appointed as deputy sheriffs and shall not be given police powers by appointment or election to any office. Employees shall not undertake investigation of criminal conduct except upon the request of a sheriff, coroner, medical examiner, district attorney, chief of police, warden or superintendent of any state prison, attorney general or governor. The head of any state agency may request investigations but in those cases the services shall be limited to the field of health, welfare and law enforcement responsibility which has by statute been vested in the particular state agency. (c) Upon request under par. (b), the laboratories shall collaborate fully in the complete investigation of criminal conduct within their competence in the forensic sciences including field investigation at the scene of the crime and for this purpose may equip a mobile unit or units. (d) The services of the laboratories available to such officer shall include appearances in court as expert witnesses. (e) The department may decline to provide laboratory service in any case not involving a potential charge of felony. (f) The services of the laboratories may be provided in civil cases in which the state or any department, bureau, agency or officer of the state is a party in an official capacity, when requested to do so by the attorney general. (g) Deoxyribonucleic acid testing ordered under s. 974.07 shall have priority, consistent with the right of a defendant or the state to a speedy trial and consistent with the right of a victim to the prompt disposition of a case. (4) The operation of the laboratories shall conform to the rules and policies established by the attorney general. (5) Except as provided in s. 20.001 (5), all moneys received as restitution payments reimbursing the department for moneys expended by the laboratories shall be deposited as general purpose revenue — earned.

Wis. Stat. § 165.76 Submission of human biological specimen

(1) A person shall provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis if he or she meets any of the following criteria: (a) Is or was in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision, or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085. (ag) Is or was in prison on or after August 12, 1993, and before January 1, 2000, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), or 948.025. (am) Is or was adjudicated delinquent for an act that if committed by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 (1) (b). (ar) Is or was in prison on or after January 1, 2000, for a felony committed in this state. (as) Is or was found guilty of any misdemeanor on or after April 1, 2015. (av) Is or was found guilty on or after January 1, 2000, of any of the following: 1. Any felony. 2. Before April 1, 2015, any violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20, or 948.10 (1) (b). (aw) Is or was found guilty on or after January 1, 2000, and before April 1, 2015, of any violation of s. 940.225 (3m), 944.20, or 948.10. (bg) Is or was sentenced or placed on probation on or after August 12, 1993, for a violation of s. 940.225, 948.02 (1) or (2), or 948.025. (bm) Has been found not guilty or not responsible by reason of mental disease or defect on or after August 12, 1993, and committed under s. 51.20 or 971.17 for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085. (br) Has been found not guilty or not responsible by reason of mental disease or defect on or after January 1, 2000, and committed under s. 51.20 or 971.17, for any felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b). (c) Is or was in institutional care on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085. (cr) Is or was in institutional care on or after January 1, 2000, for a felony or any violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20, 946.52, or 948.10 (1) (b). (d) Has been found to be a sexually violent person under ch. 980 on or after June 2, 1994. (e) Is or was released on parole or extended supervision or placed on probation in another state before January 1, 2000, and is or was on parole, extended supervision, or probation in this state from the other state under s. 304.13 (1m), 304.135, or 304.16 on or after July 9, 1996, for a violation of the law of the other state that the department of corrections determines, under s. 304.137 (1), is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085. (f) Is or was released on parole or extended supervision or placed on probation in another state on or after January 1, 2000, and before April 1, 2015, and is or was on parole, extended supervision, or probation in this state from the other state under s. 304.13 (1m), 304.135, or 304.16 for a violation of the law of the other state that the department of corrections determines, under s. 304.137 (2), would constitute a felony if committed by an adult in this state. (fm) Is or was released on parole or extended supervision or placed on probation in another state on or after April 1, 2015, and is or was on parole, extended supervision, or probation in this state from the other state under s. 304.13 (1m), 304.135, or 304.16. (g) Has been required by a court under s. 51.20 (13) (cr), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. (gm) Is arrested for a violent crime, as defined in s. 165.84 (7) (ab), or is taken into custody for a juvenile offense that would be a violent crime, as defined in s. 165.84 (7) (ab), if committed by an adult in this state. (h) Is notified by the department of justice, the department of corrections, a district attorney, or a county sheriff under sub. (1m) that the person is required to provide a biological specimen. (1m) If a person is required to provide a biological specimen under sub. (1) (a) to (gm) and the department of justice does not have the data obtained from analysis of a biological specimen from the person that the department is required to maintain in the data bank under s. 165.77 (3), the department may require the person to provide a biological specimen, regardless of whether the person previously provided a biological specimen under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063. The department of justice, the department of corrections, a district attorney, or a county sheriff, shall notify any person whom the department of justice requires to provide a biological specimen under this subsection. (2r) Failure by a person who is required to provide a biological specimen under sub. (1) to provide the biological specimen in accordance with the rules promulgated under sub. (4) does not relieve the person of the obligation to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. (4) The department of justice shall promulgate rules to do all of the following: (a) Establish procedures and time limits for obtaining and submitting biological specimens under this section and ss. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, and 980.063. (b) Specify whether an individual who is required under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen for deoxyribonucleic acid analysis must provide a new biological specimen if the crime laboratories already have a biological specimen from the individual or if data obtained from deoxyribonucleic acid analysis of the individual’s biological specimen are already included in the data bank under s. 165.77 (3). (c) Allow a biological specimen, or data obtained from analysis of a biological specimen, obtained under this section, under s. 51.20 (13) (cr), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063, or, if the specimen is required to be analyzed under s. 165.84 (7) (am) 1m., under s. 165.84 (7) (ah), to be submitted for inclusion in an index established under 42 USC 14132 (a) or in another national index system. (d) Provide reimbursement from s. 20.455 (2) (Lm) to a person in charge of a law enforcement agency or tribal law enforcement agency at a rate of $10 per specimen except that, if the department already has a biological specimen, or data obtained from analysis of a biological specimen, from the individual, the department may not reimburse the person in charge of the agency. (e) Carry out the department’s duties under this section. (5) The departments of corrections and health services, county departments under ss. 46.215, 46.22 and 46.23 and county sheriffs shall cooperate with the department of justice in obtaining specimens under this section. (6) (a) If a person who is required to provide a biological specimen under sub. (1) refuses or fails to provide a biological specimen, a district attorney may file a petition with the circuit court for an order compelling the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. A petition under this paragraph shall establish reasonable cause to believe that the person is required to provide a biological specimen under sub. (1) and that the person’s biological specimen is not included in the data bank under s. 165.77 (3). (b) If the court determines that a district attorney’s petition satisfies the conditions under par. (a), the court shall issue an order requiring the person to appear in court at a specified time for a hearing to show cause why he or she is not required to provide a biological specimen under sub. (1) or, instead of appearing at the hearing, to provide a biological specimen at the office of the county sheriff before the time for which the hearing is scheduled. The hearing shall be scheduled for not less than 10 and not more than 45 days after the date the court enters the order. The order, together with a copy of the petition and any supporting material, shall be served upon the person in the manner provided for serving a summons under s. 801.11. The order shall be in substantially the following form: 1. You may be held in contempt of court and be subject to sanctions as provided in chapter 785 of the Wisconsin Statutes. 2. The court will issue an order to facilitate collection of a biological specimen which, in the court’s discretion, may authorize arrest or detention or use of reasonable force against you to collect the biological specimen. (c) At a hearing on a petition under par. (a), the person has the burden of rebutting the matters established in the petition by demonstrating that he or she is not required to submit a biological specimen under sub. (1). (d) If the court determines after the hearing under par. (c) that the person is required to submit a biological specimen under sub. (1) and that the person’s specimen is not included in the data bank under s. 165.77 (3), the court shall issue an order to facilitate collection of a biological specimen from the person, which may authorize arrest or detention of the person or use of reasonable force against the person to collect the biological specimen.

Wis. Stat. § 165.77 Deoxyribonucleic acid analysis and data bank

(1) In this section: (a) “Health care professional” means a person who is licensed, certified, or registered under ch. 441, 448, or 455; a person who holds a compact privilege under subch. XI of ch. 448; or a person who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b). (b) “Law enforcement agency” means a governmental unit of one or more persons employed full time by the federal government, a state or a political subdivision of a state for the purpose of preventing and detecting crime and enforcing federal or state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (c) “Wisconsin law enforcement agency” means a governmental unit of one or more persons employed full time by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (2) (a) 1. If the laboratories receive a human biological specimen pursuant to any of the following requests, the laboratories shall analyze the deoxyribonucleic acid in the specimen: a. A request from a law enforcement agency regarding an investigation. b. A request, pursuant to a court order, from a defense attorney regarding his or her client’s specimen. c. A request, subject to the department’s rules under sub. (8), from an individual regarding his or her own specimen. 2. The laboratories may compare the data obtained from the specimen with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney, or subject of the data. The data may be used in criminal and delinquency actions and proceedings. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens received under this paragraph in the data bank under sub. (3). (b) Paragraph (a) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063. (2m) (b) If the laboratories analyze biological material pursuant to an order issued under s. 974.07 (8), the laboratories may compare the data obtained from the material with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney, or subject of the data. The data may be used in criminal and delinquency actions and proceedings. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of material that is tested pursuant to an order under s. 974.07 (8) in the data bank under sub. (3). (c) Paragraph (b) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063. (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. If the laboratories receive a human biological specimen under s. 165.84 (7) (ah), the laboratories shall analyze the deoxyribonucleic acid in the specimen as provided under s. 165.84 (7) (am) 1m. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. (4) (ag) In this subsection, “violent crime” has the meaning given in s. 165.84 (7) (ab). (am) A person whose deoxyribonucleic acid analysis data have been included in the data bank under sub. (3) may request expungement on the grounds that any of the following conditions that apply to the person are satisfied: 1. If the person was required to submit a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063, all convictions, findings, or adjudications for which the person was required to submit a biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063 have been reversed, set aside, or vacated. 2. If the person was required to provide a biological specimen under s. 165.84 (7) in connection with an arrest or under s. 970.02 (8), one of the following applies: a. All charges for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8) have been dismissed. b. The trial court reached final disposition for all charges for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8), and the person was not adjudged guilty of a violent crime in connection with any such charge. c. At least one year has passed since the arrest and the person has not been charged with a violent crime in connection with the arrest. d. The person was adjudged guilty of a violent crime in connection with any charge for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8), and all such convictions for a violent crime have been reversed, set aside, or vacated. 3. If the person was required to provide a biological specimen under s. 165.84 (7) in connection with being taken into custody under s. 938.19 or under s. 938.21 (1m) or 938.30 (2m), one of the following applies: a. All criminal complaints or delinquency petitions that allege that the person committed a violation that would be a violent crime if committed by an adult in this state and that are in connection with the taking into custody have been dismissed. b. The trial court reached final disposition for all allegations that the person committed a violation that would be a violent crime if committed by an adult in this state that are in connection with the taking into custody, and the person was not convicted or adjudged delinquent for a violation that would be a violent crime if committed by an adult in this state that is in connection with the taking into custody. c. At least one year has passed since the person was taken into custody and no criminal complaint or delinquency petition alleging that the person committed a violation that would be a violent crime if committed by an adult in this state has been filed against the person in connection with the taking into custody. d. The person was convicted or adjudged delinquent for a violation that would be a violent crime if committed by an adult in this state and that is in connection with the taking into custody, and the conviction or delinquency adjudication has been reversed, set aside, or vacated. (bm) If the department determines that the conditions under par. (am) are satisfied, the laboratories shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receiving the person’s written request for expungement and any documentation the department requires under rules promulgated under sub. (8). (5) Any person who intentionally disseminates a specimen received under this section or any information obtained as a result of analysis or comparison under this section or from the data bank under sub. (3) in a manner not authorized under this section or the rules under sub. (8) may be fined not more than $500 or imprisoned for not more than 30 days or both. (6) Except as necessary to administer this section or as provided under the department’s rules under sub. (8), the department shall deny access to any record kept under this section. (7m) An entry in the data bank that is found to be erroneous does not prohibit the legitimate use of the entry to further a criminal investigation or prosecution. The failure of a law enforcement agency or the laboratories to comply with this section, s. 165.76, 165.765, or 165.84, or any rules or procedures adopted to administer those sections, is not grounds for challenging the validity of the data collection, for challenging the use of the sample as provided in those sections, or for the suppression of evidence based upon or derived from any entry in the data bank. (8) The department shall promulgate rules to administer this section.

Wis. Stat. § 165.78 Information center; training activities

(1) The department shall act as a center for the clearance of information between law enforcement officers. In furtherance of this purpose it shall issue bulletins by mail or its telecommunication system. The department shall at all times collaborate and cooperate fully with the F.B.I. in exchange of information. (2) The department shall cooperate and exchange information with other similar organizations in other states. (3) The department may prepare and conduct informational and training activities for the benefit of law enforcement officers and professional groups.

Wis. Stat. § 165.79 Evidence privileged

(1) Evidence, information and analyses of evidence obtained from law enforcement officers by the laboratories is privileged and not available to persons other than law enforcement officers nor is the defendant entitled to an inspection of information and evidence submitted to the laboratories by the state or of a laboratory’s findings, or to examine laboratory personnel as witnesses concerning the same, prior to trial, except to the extent that the same is used by the state at a preliminary hearing and except as provided in s. 971.23. Upon request of a defendant in a felony action, approved by the presiding judge, the laboratories shall conduct analyses of evidence on behalf of the defendant. No prosecuting officer is entitled to an inspection of information and evidence submitted to the laboratories by the defendant, or of a laboratory’s findings, or to examine laboratory personnel as witnesses concerning the same, prior to trial, except to the extent that the same is used by the accused at a preliminary hearing and except as provided in s. 971.23. Employees who made examinations or analyses of evidence shall attend the criminal trial as witnesses, without subpoena, upon reasonable written notice from either party requesting the attendance. (2) Upon the termination or cessation of the criminal proceedings, the privilege of the findings obtained by a laboratory may be waived in writing by the department and the prosecutor involved in the proceedings. The employees may then be subpoenaed in civil actions in regard to any information and analysis of evidence previously obtained in the criminal investigation, but the laboratories shall not engage in any investigation requested solely for the preparation for trial of a civil matter. Upon appearance as a witness or receipt of a subpoena or notice to prepare for trial in a civil action, or appearance either with or without subpoena, the laboratories shall be compensated by the party at whose request the appearance or preparation was made in a reasonable amount to be determined by the trial judge, which fee shall be paid into the state treasury. In fixing the compensation the court may give consideration to the time spent in obtaining and analyzing the evidence for the purposes of criminal proceedings.

Wis. Stat. § 165.80 Cooperation with other state departments

For the purpose of coordinating the work of the crime laboratories with the research departments located in the University of Wisconsin, the attorney general and the University of Wisconsin may agree for the use of university laboratories and university physical facilities and the exchange and utilization of personnel between the crime laboratories and the university.

Wis. Stat. § 165.81 Disposal of evidence

(1) Whenever the department is informed by the submitting officer or agency that physical evidence in the possession of the laboratories is no longer needed the department may, except as provided in sub. (3) or unless otherwise provided by law, destroy the evidence, retain it in the laboratories, return it to the submitting officer or agency, or turn it over to the University of Wisconsin upon the request of the head of any department of the University of Wisconsin. If the department returns the evidence to the submitting officer or agency, any action taken by the officer or agency with respect to the evidence shall be in accordance with s. 968.20. Except as provided in sub. (3), whenever the department receives information from which it appears probable that the evidence is no longer needed, the department may give written notice to the submitting agency and the appropriate district attorney, by registered mail, of the intention to dispose of the evidence. If no objection is received within 20 days after the notice was mailed, it may dispose of the evidence. (2) Any electric weapon, as defined in s. 941.295 (1c) (a), in the possession of the laboratories shall either be destroyed or be turned over to an agency authorized to have electric weapons under s. 941.295 (2). (3) (a) In this subsection: 1. “Custody” has the meaning given in s. 968.205 (1) (a). 2. “Discharge date” has the meaning given in s. 968.205 (1) (b). (b) Except as provided in par. (c), if physical evidence that is in the possession of the laboratories includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, a delinquency adjudication, or commitment under s. 971.17 or 980.06 and the biological material is from a victim of the offense that was the subject of the criminal investigation or may reasonably be used to incriminate or exculpate any person for the offense, the laboratories shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date. (bm) The laboratories shall retain evidence to which par. (b) applies in an amount and manner sufficient to develop a deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a), from the biological material contained in or included on the evidence. (c) Subject to par. (e), the department may destroy evidence that includes biological material before the expiration of the time period specified in par. (b) if all of the following apply: 1. The department sends a notice of its intent to destroy the evidence to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment, and to either the attorney of record for each person in custody or the state public defender. 2. No person who is notified under subd. 1. does either of the following within 90 days after the date on which the person received the notice: a. Files a motion for testing of the evidence under s. 974.07 (2). b. Submits a written request for retention of the evidence to the department. 3. No other provision of federal or state law requires the department to retain the evidence. (d) A notice provided under par. (c) 1. shall clearly inform the recipient that the evidence will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the evidence is filed under s. 974.07 (2) or a written request for retention of the evidence is submitted to the department. (e) If, after providing notice under par. (c) 1. of its intent to destroy evidence, the department receives a written request for retention of the evidence, the department shall retain the evidence until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the evidence under s. 974.07 (9) (b) or (10) (a) 5. (f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or (b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning evidence that must be preserved under par. (b) or (e) to the agency that submitted the evidence to the laboratories. If the laboratories return evidence that must be preserved under par. (b) or (e) to a submitting agency, any action taken by the agency with respect to the evidence shall be in accordance with s. 968.205.

Wis. Stat. § 165.82 Criminal history search fee

(1) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees, plus any surcharge required under sub. (1m), for criminal history searches for purposes unrelated to criminal justice or to s. 175.35, 175.49, or 175.60: (am) For each record check, except a fingerprint card record check, $7. (ar) For each fingerprint card record check requested by a governmental agency or nonprofit organization, $15. (1m) The department of justice shall impose a $5 surcharge if a person requests a paper copy of the results of a criminal history search requested under sub. (1). (2) The department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.

Wis. Stat. § 165.83 Criminal identification, records and statistics

(1) Definitions. As used in this section and s. 165.84: (b) “Law enforcement agency” means a governmental unit of one or more persons employed full time by the state or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (c) “Offense” means any of the following: 1. An act that is committed by a person who has attained the age of 17 and that is a felony or a misdemeanor. 2. An act that is committed by a person who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult. 3. An act that is committed by any person and that is a violation of a city, county, village or town ordinance. (d) “Reservation lands” has the meaning given in s. 165.92 (1) (a). (e) “Tribal law enforcement agency” means any of the following: 1. An agency of a tribe that is established for the purpose of preventing and detecting crime on the reservation or trust lands of the tribe and enforcing the tribe’s laws or ordinances, that employs full time one or more persons who are granted law enforcement and arrest powers under s. 165.92 (2) (a), and that was created by a tribe that agrees that its law enforcement agency will perform the duties required of the agency under this section and s. 165.84. 2. The Great Lakes Indian Fish and Wildlife Commission, if the Great Lakes Indian Fish and Wildlife Commission agrees to perform the duties required under this section and s. 165.84. (f) “Tribe” has the meaning given in s. 165.92 (1) (c). (g) “Trust lands” has the meaning given in s. 165.92 (1) (d). (2) The department shall: (a) Obtain and file fingerprints, descriptions, photographs and any other available identifying data on persons who have been arrested or taken into custody in this state: 1. For an offense which is a felony or which would be a felony if committed by an adult. 2. For an offense which is a misdemeanor, which would be a misdemeanor if committed by an adult or which is a violation of an ordinance, and the offense involves burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, controlled substances or controlled substance analogs under ch. 961, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks. 3. For an offense charged or alleged as disorderly conduct but which relates to an act connected with one or more of the offenses under subd. 2. 4. As a fugitive from justice. 5. For any other offense designated by the attorney general. (b) Accept for filing fingerprints and other identifying data, taken at the discretion of the law enforcement or tribal law enforcement agency involved, on persons arrested or taken into custody for offenses other than those listed in par. (a). (c) Obtain and file fingerprints and other available identifying data on unidentified human corpses found in this state. (d) Obtain and file information relating to identifiable stolen or lost property. (e) Obtain and file a copy or detailed description of each arrest warrant issued in this state for the offenses under par. (a) or s. 346.63 (1) or (5) but not served because the whereabouts of the person named on the warrant is unknown or because that person has left the state. All available identifying data shall be obtained with the copy of the warrant, including any information indicating that the person named on the warrant may be armed, dangerous or possessed of suicidal tendencies. (f) Collect information concerning the legal action taken in connection with offenses committed in this state from the inception of the complaint to the final discharge of the defendant and such other information as may be useful in the study of crime and the administration of justice. The department may determine any other information to be obtained regarding crime records. (g) Furnish all reporting officials with forms and instructions which specify in detail the nature of the information required under pars. (a) to (f) and any other matters which facilitate collection. (h) Cooperate with and assist all law enforcement and tribal law enforcement agencies in the state in the establishment of a state system of criminal identification and in obtaining fingerprints and other identifying data on all persons described in pars. (a), (b) and (c). (i) Offer assistance and, when practicable, instructions to all local and tribal law enforcement agencies in establishing efficient local and tribal bureaus of identification and records systems. (j) Compare the fingerprints and descriptions that are received from law enforcement and tribal law enforcement agencies with the fingerprints and descriptions already on file and, if the person arrested or taken into custody is a fugitive from justice or has a criminal record, immediately notify the law enforcement and tribal law enforcement agencies concerned and supply copies of the criminal record to these agencies. (k) Make available all statistical information obtained to the governor and the legislature. (m) Prepare and publish reports and releases, at least once a year, containing the statistical information gathered under this section and presenting an accurate picture of the operation of the agencies of criminal justice. (n) Make available upon request, to all local, state and tribal law enforcement agencies in this state, to all federal law enforcement and criminal identification agencies, and to state law enforcement and criminal identification agencies in other states, any information in the law enforcement files of the department which will aid these agencies in the performance of their official duties. For this purpose the department shall operate on a 24-hour a day basis, 7 days a week. The information may also be made available to any other agency of this state or political subdivision of this state, and to any other federal agency, upon assurance by the agency concerned that the information is to be used for official purposes only. (p) Cooperate with other agencies of this state, tribal law enforcement agencies and the national crime information center systems of the F.B.I. in developing and conducting an interstate, national and international system of criminal identification, records and statistics.

Wis. Stat. § 165.84 Cooperation in criminal identification, records and statistics

(1) All persons in charge of law enforcement and tribal law enforcement agencies shall obtain, or cause to be obtained, the fingerprints in duplicate, according to the fingerprint system of identification established by the director of the F.B.I., full face, profile and full length photographs, and other available identifying data, of each person arrested or taken into custody for an offense of a type designated in s. 165.83 (2) (a), of all persons arrested or taken into custody as fugitives from justice, and fingerprints in duplicate and other identifying data of all unidentified human corpses in their jurisdictions, but photographs need not be taken if it is known that photographs of the type listed, taken within the previous year, are on file at the department. Fingerprints and other identifying data of persons arrested or taken into custody for offenses other than those designated in s. 165.83 (2) (a) may be taken at the discretion of the law enforcement or tribal law enforcement agency concerned. Any person arrested or taken into custody and subsequently released without charge, or cleared of the offense through court proceedings, shall have any fingerprint record taken in connection therewith removed from the department’s records upon request. (2) Fingerprints and other identifying data required to be taken under sub. (1) shall be forwarded to the department within 24 hours after taking for filing and classification, but the period of 24 hours may be extended to cover any intervening holiday or weekend. Photographs taken shall be forwarded at the discretion of the law enforcement or tribal law enforcement agency concerned, but, if not forwarded, the fingerprint record shall be marked “Photo available” and the photographs shall be forwarded subsequently if the department so requests. (3) All persons in charge of law enforcement and tribal law enforcement agencies shall forward to the department copies or detailed descriptions of the arrest warrants and the identifying data described in s. 165.83 (2) (e) immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If the warrant is subsequently served or withdrawn, the law enforcement or tribal law enforcement agency concerned must immediately notify the department of the service or withdrawal. In any case, the law enforcement or tribal law enforcement agency concerned must annually, no later than January 31 of each year, confirm to the department all arrest warrants of this type which continue to be outstanding. (4) All persons in charge of state penal and correctional institutions shall obtain fingerprints, according to the fingerprint system of identification established by the director of the F.B.I., and full face and profile photographs of all persons received on commitment to these institutions. The prints and photographs so taken shall be forwarded to the department, together with any other identifying data requested, within 10 days after the arrival at the institution of the person committed. Full length photographs in release dress shall be taken immediately prior to the release of these persons from these institutions. Immediately after release, these photographs shall be forwarded to the department. (5) All persons in charge of law enforcement and tribal law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all persons in charge of state and county penal and correctional institutions, and all persons in charge of state and county probation, extended supervision and parole offices, shall supply the department with the information described in s. 165.83 (2) (f) on the basis of the forms and instructions to be supplied by the department under s. 165.83 (2) (g). (6) All persons in charge of law enforcement and tribal law enforcement agencies in this state shall furnish the department with any other identifying data required in accordance with guidelines established by the department. All law enforcement and tribal law enforcement agencies and penal and correctional institutions in this state having criminal identification files shall cooperate in providing to the department copies of such items in these files as will aid in establishing the nucleus of the state criminal identification file. (7) (ab) In this subsection, “violent crime” means any of the following: 1. A felony violation of s. 940.01, 940.05, 940.21, 940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.43, 940.45, 940.66 (2), 941.20, 941.21, 941.327, 943.02, 943.06, 943.10, 943.23 (2), 943.231 (1), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.072, 948.08, 948.085, 948.095, or 948.30 (2) or s. 940.198 (2), 2023 stats. 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08, 940.09 (1c), 940.10, 940.23, 940.60 (2) or (3) (a), (b), or (c), 940.61, 940.62, 940.65 (2) or (3) (a), (b), or (c), 941.30, or 948.03 (3) or (5) (a) 4. or s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats. s. 940.19 (6), 2023 stats., s. 940.195 (2), 2023 stats., s. 940.195 (4), 2023 stats., s. 940.195 (5), 2023 stats., s. 940.195 (6), 2023 stats., s. 940.20, 2023 stats., s. 940.201 (2), 2023 stats., s. 940.203 (2), 2023 stats., s. 940.204, 2023 stats., s. 940.205 (2), 2023 stats., s. 940.207 (2), 2023 stats., or s. 940.208, 2023 stats. 3. A felony if a penalty enhancer specified in s. 939.621 could be imposed. 4. The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32, to commit a violation under subd. 1. (ah) Subject to rules promulgated by the department of justice under s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement agencies shall obtain, when the individual’s fingerprints or other identifying data are obtained, a biological specimen for deoxyribonucleic acid analysis from each individual arrested for a violent crime and each individual taken into custody for a juvenile offense that would be a violent crime if committed by an adult in this state. The law enforcement agency shall submit the biological specimen to the crime laboratories in a manner specified in the rules under s. 165.76 (4). (am) After receiving an individual’s specimen submitted under par. (ah), the crime laboratories shall do one of the following: 1m. If, within the time limit under subd. 2m., the court notifies the crime laboratories under par. (bm) that any of the following applies, analyze the deoxyribonucleic acid in the specimen and include the individual’s deoxyribonucleic acid profile in the data bank under s. 165.77 (3): a. The individual was arrested, or the juvenile was taken into custody, under a warrant. b. The court has made a finding that there is probable cause that the individual committed a violent crime or that the juvenile committed an offense that would be a violent crime if committed by an adult in this state. c. The individual failed to appear at the initial appearance or preliminary examination or the person waived the preliminary examination. d. The individual failed to appear for a delinquency proceeding under ch. 938. 2m. If, one year after the date the biological sample was submitted under par. (ah), the court has not notified the crime laboratories under par. (bm) that subd. 1m. a., b., c., or d. applies to the individual, destroy the biological sample. (bm) The court shall notify the crime laboratories if par. (am) 1m. a., b., c., or d. applies to an individual who has been arrested. (c) 1. No biological specimen obtained under par. (ah) may be subject to analysis except by the crime laboratories as provided under s. 165.77. 2. Biological specimens obtained under this section may be used only as provided under s. 165.77.

Wis. Stat. § 165.85 Law enforcement standards board

(1) Findings and policy. The legislature finds that the administration of criminal justice is of statewide concern, and that law enforcement work is of vital importance to the health, safety, and welfare of the people of this state and is of such a nature as to require training, education, and the establishment of standards of a proper professional character. The public interest requires that these standards be established and that this training and education be made available to persons who seek to become law enforcement, tribal law enforcement, jail or juvenile detention officers, persons who are serving as these officers in a temporary or probationary capacity, and persons already in regular service. (2) Definitions. In this section and in s. 165.86: (ac) “Alzheimer’s disease” has the meaning given in s. 46.87 (1) (a). (ah) “Board” means the law enforcement standards board. (ap) “Employment file” means all files relating to a person’s employment, including performance reviews, files related to job performance, internal affairs investigative files, administrative files, previous personnel applications, personnel-related claims, disciplinary actions, and all substantiated complaints and commendations, but does not include pay or benefit information, similar administrative data or information that does not relate to performance or conduct, or medical files unless the medical file relates to mental competency issues bearing on the person’s suitability for a law enforcement, tribal law enforcement, jail, or juvenile detention officer position. (bc) “Fiscal year” has the meaning given in s. 20.902. (be) “Government agency” means any department, agency, or court of this state, or of a city, village, town, or county in this state. (bg) “Jail” means a county jail, rehabilitation facility established by s. 59.53 (8) or county house of correction under s. 303.16. (bn) “Jail officer” means any person employed by any political subdivision of the state for the purpose of supervising, controlling or maintaining a jail or the persons confined in a jail. “Jail officer” includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis. (br) “Juvenile detention facility” has the meaning given in s. 48.02 (10r). (bt) “Juvenile detention officer” means any person employed by any political subdivision of the state or by any private entity contracting under s. 938.222 to supervise, control, or maintain a juvenile detention facility or the persons confined in a juvenile detention facility. “Juvenile detention officer” includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis. (bv) “Law enforcement agency” means a governmental unit of this state or a political subdivision of this state that employs one or more law enforcement officers, and includes the Marquette University police department. (bx) “Law enforcement instructor” means a person who is certified by the board to deliver board-approved program outcomes, course competencies, performance standards, and learning objectives in training programs and training schools for law enforcement officers, tribal law enforcement officers, jail officers, and juvenile detention officers. (c) “Law enforcement officer” means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed and sworn to enforce. “Law enforcement officer” includes a university police officer, as defined in s. 175.42 (1) (b). (cm) “Police pursuit” has the meaning given in s. 85.07 (8) (a). (d) “Political subdivision” means counties, cities, villages, towns, town sanitary districts, public inland lake protection and rehabilitation districts, and technical college districts. (e) “Preservice student” means any person who meets the minimum recruitment qualifications set by the board and who enrolls in preparatory training under sub. (4) (a) 1., (b) 1., or (c) 1. prior to employment as a law enforcement officer, tribal law enforcement officer, jail officer, or juvenile detention officer. (f) “Recruit” means a law enforcement officer, tribal law enforcement officer, jail officer, or juvenile detention officer employed on a probationary or temporary basis, in compliance with the minimum recruitment qualifications set by the board. (fh) “Tactical emergency medical services professional” means a licensed emergency medical services professional who has been endorsed by the department of health services as a person who provides medical services when operating as part of a law enforcement tactical team and operating with the prior written approval of the sheriff or chief of police for the jurisdiction in which the licensed emergency medical services professional is authorized to carry out his or her duties. (fm) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e). (g) “Tribal law enforcement officer” means any of the following: 1. A person who is employed by a tribe for the purpose of detecting and preventing crime and enforcing the tribe’s laws or ordinances, who is authorized by the tribe to make arrests of Indian persons for violations of the tribe’s laws or ordinances, and who agrees to accept the duties of law enforcement officers under the laws of this state. 2. A conservation warden employed by the Great Lakes Indian Fish and Wildlife Commission who agrees to accept the duties of law enforcement officers under the laws of this state. (3) Powers. The board may: (a) Promulgate rules for the administration of this section including the authority to require the submission of reports and information pertaining to the administration of this section by law enforcement agencies, tribal law enforcement agencies, jails, juvenile detention facilities, and schools approved by the board and operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, tactical emergency medical services professionals, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in this state. (am) Establish minimum qualification standards for admission to preparatory law enforcement, jail, or juvenile detention officer training for preservice students and recruits, but not for department of corrections correctional officers. The standards shall relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail, or juvenile detention officers. The board shall prescribe the means for presenting evidence of fulfillment of these requirements. (b) Establish minimum educational, training, and recruitment standards for admission to employment as a law enforcement, tribal law enforcement, jail, or juvenile detention officer in permanent positions and in temporary, probationary or part-time status. The standards shall relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail, or juvenile detention officers. Educational and training standards for tribal law enforcement officers under this paragraph shall be identical to standards for other law enforcement officers. The board shall prescribe the means for presenting evidence of fulfillment of these requirements. (c) Except as provided under sub. (3m) (a), certify persons as being qualified under this section to be law enforcement officers, tribal law enforcement officers, tactical emergency medical services professionals, jail officers, or juvenile detention officers. Prior to being certified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement officers under the laws of this state. (cm) Decertify law enforcement officers, tribal law enforcement officers, tactical emergency medical services professionals, jail officers, or juvenile detention officers who do any of the following: 1. Resign employment in lieu of termination or are terminated for just cause under any applicable provision of law, unless the board determines under sub. (3m) (c) that decertification on this ground is not necessary. 2. Violate or fail to comply with a rule, policy, or order of the board relating to curriculum, training, or recruitment. 3. Falsify information to obtain or maintain certified status. 4. Are certified as the result of an administrative error. 5. Are convicted of a felony or of any offense that, if committed in Wisconsin, could be punished as a felony. A law enforcement officer or tactical emergency medical services professional so convicted shall notify the board within 30 days of his or her conviction. 6. Are convicted of a misdemeanor crime of domestic violence, as defined in 18 USC 921 (a) (33), or are convicted of domestic abuse, as defined in s. 968.075 (1) (a), or the conviction is subject to the imposition of the domestic abuse surcharge under s. 973.055 (1), regardless of whether any part of the surcharge is waived by the court under s. 973.055 (4). A law enforcement officer or tactical emergency medical services professional so convicted shall notify the board within 30 days of his or her conviction. 7. For any crime listed in subd. 5. or 6., enter into any of the following if the board determines that certification is not in the best interest of the public: a. A deferred judgment and sentencing agreement or deferred sentencing agreement, whether pending or successfully completed. b. A deferred prosecution agreement, whether pending or successfully completed. c. A pretrial diversion agreement, whether pending or successfully completed. 8. Fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings. (d) Establish minimum curriculum requirements for preparatory courses and programs, and recommend minimum curriculum requirements for recertification and advanced courses and programs, in schools approved by the board and operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in areas of knowledge and ability necessary to the attainment of effective performance as an officer, and ranging from subjects such as first aid, patrolling, statutory authority, techniques of arrest, protocols for official action by off-duty officers, firearms, domestic violence investigations, and recording custodial interrogations to subjects designed to provide a better understanding of ever-increasing complex problems in law enforcement such as human relations, civil rights, constitutional law, and supervision, control, and maintenance of a jail or juvenile detention facility. The board shall appoint a curriculum advisory committee to advise the board in the establishment of the curriculum requirements. The curriculum advisory committee shall consist of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis, the director of training of the Wisconsin state patrol, and, if applicable, one or more representatives of colleges or universities as follows: 1. If any technical college in the state provides a course or program described in this paragraph, the board shall appoint to the curriculum advisory committee one person to represent technical colleges. 2. If any 2-year college in the state provides a course or program described in this paragraph, the board shall appoint to the curriculum advisory committee one person to represent 2-year colleges. 3. If any 4-year college or university in the state provides a course or program described in this paragraph, the board shall appoint to the curriculum advisory committee one person to represent 4-year colleges and universities. (e) Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies and with universities, colleges, the technical college system board and other institutions concerning the development of law enforcement training schools, degree programs or specialized courses of instruction. (g) Conduct and stimulate research which is designed to improve law enforcement administration and performance. (h) Make recommendations concerning any matter within its purview. (i) Make such evaluations as are necessary to determine if participating governmental units are complying with this section. (j) Adopt rules under ch. 227 for its internal management, control and administration. (3m) Duties relating to support enforcement. The board shall do all of the following: (a) As provided in a memorandum of understanding entered into with the department of children and families under s. 49.857, refuse certification to an individual who applies for certification under this section, refuse recertification to an individual certified under this section or decertify an individual certified under this section if the individual fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings. (b) 1. Request that an individual provide the board with his or her social security number when he or she applies for certification or recertification under this section. Except as provided in subd. 2., if an individual who is requested by the board to provide his or her social security number under this paragraph does not comply with the board’s request, the board shall deny the individual’s application for certification or recertification. The board may disclose a social security number provided by an individual under this paragraph only to the department of children and families as provided in a memorandum of understanding entered into with the department of children and families under s. 49.857. 2. As a condition of applying for certification or recertification, an individual who does not have a social security number shall submit a statement made or subscribed under oath or affirmation to the board that he or she does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A certification or recertification issued in reliance on a false statement submitted under this subdivision is invalid. (c) Establish procedures for decertification under sub. (3) (cm) in compliance with ch. 227, except that decertification for an action described under sub. (3) (cm) 8. shall be done as provided under par. (a). The procedures shall include a process for reviewing a resignation in lieu of termination or a termination for just cause. (d) Develop a list of recommended training courses for law enforcement officers relating to preventing, recognizing, and investigating human trafficking, apprehending and prosecuting human traffickers, and coordinating human trafficking response efforts with other law enforcement agencies and organizations. (4) Required standards. (a) Law enforcement and tribal law enforcement officers. 1. The board shall establish a preparatory program of law enforcement and tribal law enforcement officer training, which shall include not less than 600 hours of training. The board shall establish criteria for the general program outcomes for the preparatory program. Specifics of the training curriculum, competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject shall be established by written policy of the board. In establishing the preparatory training program, the board shall give due consideration to recommendations made by the curriculum advisory committee. The board may amend the criteria and policies governing the preparatory training program as needed to respond to technological changes affecting law enforcement, additional recommendations made by the curriculum advisory committee, or other conditions affecting the public interest in maintaining training standards of a proper professional character. Notwithstanding s. 227.10 (1), the criteria and policies established under this paragraph need not be promulgated as rules under ch. 227. 2. Except as provided in subd. 3. or 8., no person may be employed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed the preparatory training program established under subd. 1. and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. 3. A recruit may exercise law enforcement powers during an original period of temporary or probationary employment that, except as provided in subd. 6. or as otherwise authorized by law, may not exceed 12 months from the recruit’s first date of employment. 3h. A person may be certified by the board under subd. 2. only if the person has successfully completed the preparatory program established under subd. 1. within the person’s original period of temporary or probationary employment established in subd. 3. 3m. Except as provided in sub. (3m) (a), and in addition to certification procedures under this paragraph, the board may certify any person as being a tribal law enforcement officer on the basis of the person’s completion of the training requirements for law enforcement officer certification prior to May 6, 1994. The officer must also meet the agreement requirements under sub. (3) (c) prior to certification as a tribal law enforcement officer. 4. Preservice students taking part in the preparatory program of law enforcement or tribal law enforcement officer training established by the board under subd. 1. shall be fingerprinted on 2 fingerprint cards, each bearing a complete set of the student’s fingerprints, or by other technologies approved by the department of justice. The fingerprints shall be submitted to the department of justice for verification of the identify of the person fingerprinted and to obtain records of his or her criminal arrests and convictions in Wisconsin. The department of justice shall provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purpose of verifying the person fingerprinted and obtaining records of his or her criminal arrests and convictions on file with the federal bureau of investigation. 5. No person who has been convicted of any federal felony, any crime of domestic violence, or of any offense that, if committed in Wisconsin, could be punished as a felony may take part in the preparatory training program established under subd. 1. unless he or she has been granted an absolute and unconditional pardon for the crime. 6. Upon a showing of good cause by a recruit or a recruit’s employer, the board may extend the recruit’s original period of temporary or probationary employment for a period of time it deems appropriate. 7. a. Except as provided in subd. 8., no person may continue as a certified law enforcement or tribal law enforcement officer unless that person maintains law enforcement or tribal law enforcement employment and completes annual recertification training. Any officer who is subject to this subdivision shall complete at least 24 hours of recertification training each fiscal year beginning in the fiscal year following the fiscal year in which he or she is certified as a law enforcement or tribal law enforcement officer by the board. b. Each officer who is subject to this subdivision shall biennially complete at least 4 hours of training from curricula based upon model standards promulgated by the board under par. (d). Hours of training completed under this subd. 7. b. shall count toward the hours of training required under subd. 7. a. c. Each officer who is subject to this subdivision shall annually complete a handgun qualification course from curricula based upon model standards established by the board under par. (e). Hours of training completed under this subd. 7. c. shall count toward the hours of training required under subd. 7. a. 8. Sheriffs are not required to satisfy the requirements under subd. 2., 3., or 7. as a condition of tenure or continued employment. (am) Tactical emergency medical services professionals. 1. The board shall establish minimum training standards for tactical emergency medical services professionals. In establishing the minimum training standards, the board shall consider recommendations made by the curriculum advisory committee. The board may amend the standards as needed to respond to technological changes affecting law enforcement or tactical emergency medical services, additional recommendations made by the curriculum advisory committee, or other conditions affecting the public interest in maintaining training standards of a proper professional character. Notwithstanding s. 227.10 (1), the standards established under this subdivision need not be promulgated as rules under ch. 227. 2. No person may be certified as a tactical emergency medical services professional, except on a temporary or probationary basis, unless the person has satisfactorily met the standards established under subd. 1. and has been certified by the board as being qualified to be a tactical emergency medical services professional. No person may be certified as a tactical emergency medical services professional without the prior written approval of the sheriff or chief of police for the jurisdiction in which the tactical emergency medical services professional is authorized to carry out his or her duties. The sheriff or chief of police must have authority and responsibility over the team on which he or she is approving the tactical emergency medical services professional to go armed with a firearm. 3. A person who has met the minimum training standards established under subd. 1., and who seeks certification as a tactical emergency medical services professional, shall be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints, or by other technologies approved by the department of justice. The fingerprints shall be submitted to the department of justice for verification of the identify of the person fingerprinted and to obtain records of his or her criminal arrests and convictions in Wisconsin. The department of justice shall provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purpose of verifying the person fingerprinted and obtaining records of his or her criminal arrests and convictions on file with the federal bureau of investigation. 4. No person who has been convicted of any federal felony, any crime of domestic violence, or of any offense that, if committed in Wisconsin, could be punished as a felony qualifies for certification as a tactical emergency medical services professional unless he or she has been granted an absolute and unconditional pardon for the crime. 5. a. No person may continue to be certified as a tactical emergency medical services professional unless that person maintains employment as a tactical emergency medical services professional, maintains the approval of the sheriff or chief of police for the jurisdiction in which the tactical emergency medical services professional is authorized to carry out his or her duties, and meets annual recertification training standards. b. Each tactical emergency medical services professional who is subject to this subdivision shall annually complete a handgun qualification course from curricula based upon model standards established by the board under par. (e). Hours of training completed under this subd. 5. b. shall count toward the hours of training required for certification. (b) Jail officers. 1. The board shall establish a preparatory program of jail officer training, which shall include not less than 160 hours of training. The board shall establish criteria for the general program outcomes for the preparatory program. Specifics of the training curriculum competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject shall be established by written policy of the board. In establishing the preparatory training program, the board shall give due consideration to recommendations made by the curriculum advisory committee. The board may amend the criteria and policies governing the preparatory training program as needed to respond to technological changes affecting jail administration, additional recommendations made by the curriculum advisory committee, or other conditions affecting the public interest in maintaining training standards of a proper professional character. The board may provide that any part of the training program under this subdivision and the training program under par. (c) 1. are identical and count toward either training requirement under this paragraph or par. (c). Notwithstanding s. 227.10 (1), the criteria and policies established under this paragraph need not be promulgated as rules under ch. 227. 2. Except as provided in subd. 7., no person may be employed as a jail officer, except on a temporary or probationary basis, unless the person has satisfactorily completed the preparatory training program established under subd. 1. and has been certified by the board as being qualified to be a jail officer. 3. A recruit may exercise jail officer powers only during an original period of temporary or probationary employment that, except as provided in subd. 5. or as otherwise authorized by law, may not exceed 12 months from the recruit’s first date of employment. 4. A person may be certified by the board under subd. 2. only if the person has successfully completed the preparatory program established under subd. 1. within the person’s original period of temporary or probationary employment established in subd. 3. 4g. Preservice students taking part in the preparatory program of jail officer training established by the board under subd. 1. shall be fingerprinted on 2 fingerprint cards, each bearing a complete set of the student’s fingerprints, or by other technologies approved by the department of justice. The fingerprints shall be submitted to the department of justice for verification of the identity of the person fingerprinted and to obtain records of his or her criminal arrests and convictions in Wisconsin. The department of justice shall provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purpose of verifying the person fingerprinted and obtaining records of his or her criminal arrests and convictions on file with the federal bureau of investigation. 4r. No person who has been convicted of any federal felony or of any offense that, if committed in Wisconsin, could be punished as a felony may take part in the preparatory training program established under subd. 1. unless he or she has been granted an absolute and unconditional pardon for the crime. 5. Upon a showing of good cause by a recruit or a recruit’s employer, the board may extend the recruit’s original period of temporary or probationary employment for a period of time it deems appropriate. 6. No person may continue as a certified jail officer, unless that person maintains employment with a jail and completes annual recertification training. The officer shall complete at least 24 hours of recertification training each fiscal year beginning in the fiscal year following the fiscal year in which he or she is certified as a jail officer by the board. 7. Subdivision 2. does not apply to a jail officer serving under permanent appointment prior to July 2, 1983. The failure of any such officer to fulfill those requirements does not make that officer ineligible for any promotional examination for which he or she is otherwise eligible. Any such officer may voluntarily participate in programs to fulfill those requirements. (c) Juvenile detention officers. 1. The board shall establish a preparatory program of juvenile detention officer training, which shall include not less than 160 hours of training. The board shall establish criteria for the general program outcomes for the preparatory program. Specifics of the training curriculum, competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject shall be established by written policy of the board. In establishing the preparatory training program, the board shall give due consideration to recommendations made by the curriculum advisory committee. The board may amend the criteria and policies governing the preparatory training program as needed to respond to technological changes affecting juvenile detention administration, additional recommendations made by the curriculum advisory committee, or other conditions affecting the public interest in maintaining training standards of a proper professional character. The board may provide that any part of the training program under this subdivision and the training program under par. (b) 1. are identical and count toward either training requirement under this paragraph or par. (b). Notwithstanding s. 227.10 (1), the criteria and policies established under this paragraph need not be promulgated as rules under ch. 227. 2. No person may be employed as a juvenile detention officer, except on a temporary or probationary basis, unless the person has satisfactorily completed the program established under subd. 1. and has been certified by the board as being qualified to be a juvenile detention officer. 3. A recruit may exercise juvenile detention officer powers only during an original period of temporary or probationary employment that, except as provided in subd. 5. or as otherwise authorized by law, may not exceed 12 months from the recruit’s first date of employment. 4. A person may be certified by the board under subd. 2. only if the person has successfully completed the preparatory program established under subd. 1. within the person’s original period of temporary or probationary employment established in subd. 3. 4g. Preservice students taking part in the preparatory program of juvenile detention officer training established by the board under subd. 1. shall be fingerprinted on 2 fingerprint cards, each bearing a complete set of the student’s fingerprints, or by other technologies approved by the department of justice. The fingerprints shall be submitted to the department of justice for verification of the identity of the person fingerprinted and to obtain records of his or her criminal arrests and convictions in Wisconsin. The department of justice shall provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purpose of verifying the person fingerprinted and obtaining records of his or her criminal arrests and convictions on file with the federal bureau of investigation. 4r. No person who has been convicted of any federal felony or of any offense that, if committed in Wisconsin, could be punished as a felony may take part in the preparatory training program established under subd. 1. unless he or she has been granted an absolute and unconditional pardon for the crime. 5. Upon a showing of good cause by a recruit or a recruit’s employer, the board may extend the recruit’s original period of temporary or probationary employment for a period of time it deems appropriate. 6. No person may continue as a certified juvenile detention officer, except on a temporary or probationary basis, unless that person maintains employment with a juvenile detention facility and completes annual recertification training. The officer shall complete at least 24 hours of recertification training each fiscal year beginning in the fiscal year following the fiscal year in which he or she is certified as a juvenile detention officer by the board. 7. Any person employed and certified as a jail officer on July 1, 1994, is certified as a juvenile detention officer and remains certified as a juvenile detention officer subject to annual recertification requirements under subd. 6. and the board’s decertification authority under sub. (3) (cm). (d) Police pursuit. The board shall promulgate rules that do all of the following: 1. Establish model standards that could be used by any law enforcement agency to determine whether to initiate or continue police pursuit, to establish police pursuit driving techniques employed by that agency, and to inform its officers of its written guidelines provided under s. 346.03 (6). The board shall review and, if considered appropriate by the board, revise the model standards established under this subdivision not later than June 30 of each odd-numbered year thereafter. The rules promulgated under this subdivision are advisory only, are not required to be included as a law enforcement training standard under this subsection, and are inadmissible as evidence, except to show compliance with this subdivision. 2. Establish the preparatory program and biennial recertification training curricula required under par. (a) relating to police pursuit standards, guidelines, and driving techniques. (e) Firearms. The board shall establish criteria for firearm training. Notwithstanding s. 227.10 (1), the criteria need not be promulgated as rules under ch. 227 and shall do all of the following: 1. Establish model standards that could be used by any law enforcement agency to show handgun proficiency. 2. Establish the preparatory program and annual recertification training curricula required under par. (a) relating to an officer’s ability to operate and fire a handgun. (em) Officer recruitment. 1. When a law enforcement agency, tribal law enforcement agency, jail, or juvenile detention facility recruits for new officers, the interviewing agency shall require each candidate that it interviews for a law enforcement, tribal law enforcement, jail, or juvenile detention position, who is or has been employed by another law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency to execute a written waiver that explicitly authorizes each law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or other government agency to disclose the candidate’s employment files to the interviewing agency, and releases the interviewing agency and each law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that employs or has employed the candidate from any liability related to the use and disclosure of the candidate’s employment files. 2. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency may disclose a candidate’s employment files by either providing copies to the interviewing agency or allowing the interviewing agency to review the files at the offices of the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that employed the candidate. 3. A candidate who refuses to execute the waiver may not be considered for employment by the interviewing agency or considered for certification by the board. 4. The interviewing agency shall, at least 30 days prior to making its hiring decision, submit the waiver to each law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that has employed the candidate. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that receives a waiver shall make the requested employment files available to the interviewing agency not more than 21 days after receiving the waiver. 5. The interviewing agency may also conduct an official oral interview of individuals from the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that employed the candidate. 6. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is not required to provide the candidate’s employment files if the agency or facility is prohibited from providing the employment files pursuant to a binding nondisclosure agreement to which the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is a party if the agreement was executed before November 7, 2021. 7. No law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency may enter into a nondisclosure agreement preventing an interviewing law enforcement agency, tribal law enforcement agency, jail, or juvenile detention facility from viewing employment files after November 7, 2021. 8. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is not liable for complying with the provisions of this paragraph or participating in an official oral interview with an investigator from the interviewing agency regarding the candidate. (f) Local or agency standards. Nothing in this subsection shall preclude any law enforcement or tribal law enforcement agency or sheriff from setting recruit training, employment, and recertification training standards that are higher than the minimum standards set by the board. (5) Schools and programs; training reimbursements. (a) All training programs and training schools for law enforcement, tribal law enforcement, jail, and juvenile detention officers and law enforcement instructors must be authorized and approved by the board as meeting standards established by the board. The board may authorize and approve a training program or training school only if it is operated by an agency of the state or of a political subdivision of the state. The authority granted in this paragraph does not authorize the board to select a site for a state police, jail, or juvenile detention officer academy or to expend funds thereon. (b) The board shall authorize payment to law enforcement agencies of approved expenses incurred by recruits who satisfactorily complete training at schools certified by the board. Payment of these expenses for law enforcement officer, jail officer and juvenile detention officer preparatory training shall be for board approved tuition, living, and travel expenses. Payment of approved expenses for completion of annual recertification training under sub. (4) shall be provided to the law enforcement agency that employs the officer and shall include at least $320 per officer per year. Funds may also be distributed for attendance at other training programs and courses or for training services on a priority basis to be decided by the department of justice. (c) The board may provide grants as a reimbursement for actual expenses incurred by state agencies or political subdivisions for providing training programs to officers from other jurisdictions within the state. (d) Any state agency which receives reimbursement for salary and fringe benefit costs under this subsection shall treat the reimbursement as revenue and deposit any such reimbursement in the appropriate program revenue account or segregated fund. If there is no such appropriate account or fund, the reimbursement shall be deposited as general purpose revenue — earned. (5x) Officer training reimbursement. Notwithstanding sub. (5), in each fiscal year, the department of justice shall determine the amount of additional costs, including but not limited to tuition, lodging, travel, meals, salaries and fringe benefits, to each political subdivision as a result of the enactment of 1993 Wisconsin Act 460. In each fiscal year, the department shall pay each political subdivision the amount determined under this subsection for that political subdivision from the appropriations under s. 20.455 (2) (am) and (q), subject to the limitations under s. 20.455 (2) (am). (5y) Law enforcement training fund. The moneys credited to the appropriation accounts under s. 20.455 (2) (ja) and (q) constitute the law enforcement training fund. (6) Finances. The board may accept for any of its purposes and functions under this section any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution or person, and may receive and utilize the same. Any arrangements pursuant to this subsection shall be detailed in any report of the board submitted under s. 15.07 (6), which shall include the identity of the donor, the nature of the transaction, and the conditions, if any.

Wis. Stat. § 165.86 Law enforcement training

The department shall: (1) (a) Supply the staffing needs of the law enforcement standards board. (b) Identify state agencies and political subdivisions that employ law enforcement officers in the state, notify the appropriate officials of the standards of employment and preparatory and recertification training established by the board, and develop appropriate procedures whereby acceptable evidence of compliance with the board’s employment and preparatory and recertification training standards may be submitted. (c) Identify state agencies and political subdivisions that employ law enforcement officers in the state and notify the appropriate officials of the model law enforcement pursuit standards established by the board under s. 165.85 (4) (d). (2) (a) Identify and coordinate all preparatory and recertification training activities in law enforcement in the state, and expand the coordinated program to the extent necessary to supply the training required for all recruits in the state under the preparatory training standards and time limits set by the board and for law enforcement officers, jail officers and juvenile detention officers in this state. (b) Organize a program of training, which shall encourage utilization of existing facilities and programs through cooperation with federal, state, and local agencies and institutions presently active in this field. Priority shall be given to the establishment of the statewide preparatory and recertification training programs described in sub. (1), but the department shall cooperate in the creation and operation of other advanced and special courses, including courses relating to emergency detention of persons under s. 51.15 and emergency protective placement under s. 55.135, that meet the curriculum standards recommended by the board. The department may satisfy the requirement for cooperating in the development of special courses relating to emergency detention and emergency protective placement by cooperating with county departments of community programs in the development of these courses under s. 51.42 (3) (ar) 4. d. The department shall keep appropriate records of all such training courses given in the state and the results thereof in terms of persons attending, agencies represented, and, where applicable, individual grades given.

Wis. Stat. § 165.87 Body cameras and law enforcement

(1) If a law enforcement agency uses a body camera on a law enforcement officer, the law enforcement agency shall do all of the following: (a) Administer a written policy regarding all of the following: 1. The use, maintenance, and storage of body cameras and data recorded by the body cameras. 2. Any limitations the law enforcement agency imposes on which law enforcement officers may wear a body camera. 3. Any limitations the law enforcement agency imposes on situations, persons, or encounters that may be recorded by a body camera. (b) Train all law enforcement officers wearing a body camera on the policy under par. (a) and on the requirements under sub. (2). (c) Train all employees that use, maintain, store, or release data from a body camera on the policy under par. (a) and on the requirements under subs. (2) and (3). (d) Periodically review practices regarding the body cameras and data from body cameras to ensure compliance with the policy under par. (a) and the requirements under subs. (2) and (3). (e) If the law enforcement agency maintains an Internet site or has an Internet site maintained on its behalf, make the policy under par. (a) available to the public on the Internet site. (2) (a) Except as provided in pars. (b), (c), and (d), all data from a body camera used on a law enforcement officer shall be retained for a minimum of 120 days after the date of recording. (b) Data from a body camera used on a law enforcement officer that record any of the following shall be retained until final disposition of any investigation, case, or complaint to which the data pertain, except as provided in pars. (c) and (d): 1. An encounter that resulted in the death of any individual or actual or alleged physical injury to an individual. 2. An encounter that resulted in a custodial arrest. 3. A search during an authorized temporary questioning as provided in s. 968.25. 4. An encounter that included the use of force by a law enforcement officer, unless the only use of force was the use of a firearm to dispatch an injured wild animal. (c) Retention beyond the period determined under par. (a) or (b) may be directed by a law enforcement officer or law enforcement agency, a board of police and fire commissioners, a prosecutor, a defendant, or a court that determines that the data have evidentiary value in a prosecution. A person making a preservation directive under this paragraph shall submit the directive to the law enforcement agency having custody of the record within 120 days after the date of recording. (d) Data from a body camera used on a law enforcement officer that are used in a criminal, civil, or administrative proceeding may not be destroyed except upon final disposition, including appeals, a determination from the court or hearing examiner that the data are no longer needed, or an order from the court or hearing examiner. (e) Notwithstanding pars. (a) to (d), data from a body camera used on a law enforcement officer may not be destroyed during the period specified in s. 19.35 (5). (3) (a) In this subsection: 1. “Authority” has the meaning given in s. 19.32 (1). 2. “Record subject” means an individual recorded by a body camera used on a law enforcement officer to whom all of the following apply: a. The individual is depicted in the recording, or the individual’s voice is audible in the recording. b. The individual’s identity is known to the law enforcement agency. c. The individual is not suspected of committing a crime or other violation of law in connection with the law enforcement officer’s presence in the location that was recorded. d. The individual is not a law enforcement officer who was acting in an official capacity, unless a crime or other violation of law has been committed or is alleged to have been committed against the law enforcement officer while the law enforcement officer was present at the location that was recorded. 3. “Requester” has the meaning given in s. 19.32 (3). (b) Data from a body camera used on a law enforcement officer are subject to the right of inspection and copying under s. 19.35 (1), except as provided in par. (c). (c) 1. It shall be the public policy of this state to maintain the privacy of a record subject who is a victim of a sensitive or violent crime or who is a minor and that access to data from a body camera used on a law enforcement officer that record such a record subject shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject’s face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision regarding the privacy of a record subject who is a victim of a sensitive or violent crime does not apply if the record subject, or his or her next of kin if the record subject is deceased, does not object to granting access to the data. The presumption under this subdivision regarding the privacy of a record subject who is a minor does not apply if the parent or legal guardian of the record subject does not object to granting access to the data. 2. It shall be the public policy of this state to maintain the privacy of a record subject who is in a location where the record subject has a reasonable expectation of privacy and that access to data from a body camera used on a law enforcement officer that record a record subject in such a location shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject’s face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision does not apply if the record subject does not object to granting access to the data. 3. If a requester believes that an authority has improperly made a decision to redact or deny access to data under subd. 1. or 2., the requester may pursue the remedies under s. 19.37 (1). (d) For purposes of requests under s. 19.35 (1) for access to data from a body camera used by a law enforcement agency, the law enforcement agency is the legal custodian of the record, and if any other authority has custody of any such data, that authority is not the legal custodian of that data. If any other authority receives a request under s. 19.35 (1) for that data, that authority shall deny any portion of the request that relates to that data. (e) Nothing in this subsection prohibits the release of data from a body camera under s. 175.47 (5) (b).

Wis. Stat. § 165.88 Grants for school safety

(1) Definitions. In this section: (a) “Independent charter school” means a charter school established under s. 118.40 (2r) or (2x). (b) “Private school” has the meaning given in s. 115.001 (3r). (c) “School board” has the meaning given in s. 115.001 (7). (d) “Tribal school” has the meaning given in s. 115.001 (15m). (2) Grants for school safety. (a) From the appropriation under s. 20.455 (2) (f), the department of justice shall award grants for expenditures related to improving school safety. The department shall accept applications for a grant under this subsection from school boards, operators of independent charter schools, governing bodies of private schools, and tribal schools. (b) The department of justice, in consultation with the department of public instruction, shall develop a plan for use in awarding grants under this subsection. The department of justice shall include in the plan a description of what types of expenditures are eligible to be funded by grant proceeds. Eligible expenditures shall include expenditures to comply with the model practices created in s. 165.28 (1); expenditures for training under s. 165.28 (3); expenditures for safety-related upgrades to school buildings, equipment, and facilities; and expenditures necessary to comply with s. 118.07 (4) (cf). Notwithstanding s. 227.10 (1), the plan need not be promulgated as rules under ch. 227. (3) Application requirements. An application submitted for a grant under sub. (2) shall include all of the following: (a) A school safety plan. (b) Blueprints or interactive critical mapping data, as defined in sub. (3m) (ac), for each school building and facility or, if blueprints or the data were already submitted, a certification that the items submitted are current. (c) A proposed plan of expenditure of the grant moneys. (3m) Grants to schools for interactive critical mapping data. (ac) In this subsection, “interactive critical mapping data” means interactive representations of a specific location that are verifiable, digital, shareable, and shown in real time. (am) From the appropriation under s. 20.455 (2) (f), the department of justice shall award grants to school boards and governing bodies of private schools to assist them in complying with the requirement under s. 118.07 (4) (cf) to submit interactive critical mapping data to law enforcement agencies and the office of school safety. (b) The department shall accept applications for the grants under this subsection from school district administrators, or governing bodies of private schools, that are working jointly with local law enforcement agencies with jurisdiction over the school. (c) Grant moneys awarded under this subsection shall be used for site-specific interactive critical mapping data to enhance security and increase situational awareness for first responders. Any interactive critical mapping data created with grant money under this subsection shall be compatible with platforms and applications used by local, state, and federal public safety officials; may not require local, state, or federal public safety officials, school districts, or private schools to purchase additional software; and shall include information that can best assist first responders in an emergency, such as building numbers, floors, suite designations, room numbers, or other available relevant location information. (d) The department of justice shall submit an annual report to the cochairpersons of the joint committee on finance providing an account of the grants awarded under this subsection and the expenditures made with the grant moneys. (4) Report. The department of justice shall submit an annual report to the cochairpersons of the joint committee on finance providing an account of the grants awarded under sub. (2) and the expenditures made with the grant moneys.

Wis. Stat. § 165.89 Grants to certain counties for law enforcement programs

(1) From the appropriation under s. 20.455 (2) (kq), the department shall provide grants to counties to fund county law enforcement services. The department may make a grant to a county under this section only if all of the following apply: (a) The county borders one or more federally recognized Indian reservations. (b) The county has not established a cooperative county-tribal law enforcement program under s. 165.90 with each federally recognized Indian tribe or band that has a reservation bordering the county. (c) The county demonstrates a need for the law enforcement services to be funded with the grant. (d) The county submits an application for a grant and a proposed plan that shows how the county will use the grant moneys to fund law enforcement services. (2) The department shall review an application and plan submitted under sub. (1) (d) to determine if the application and plan meet the requirements of sub. (1) (a) to (c) and the criteria established under sub. (3). The department may not award an annual grant in excess of $50,000 to any county under this section. (3) The department shall develop criteria and procedures for use in administering this section. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227. (4) Notwithstanding subs. (1) and (2) and any criteria and procedures developed under sub. (3), the department shall allocate $300,000 to Forest County each fiscal year from the appropriation account under s. 20.455 (2) (kq) to fund law enforcement services.

Wis. Stat. § 165.90 County-tribal law enforcement programs

(1) Any county that has one or more federally recognized Indian reservations within or partially within its boundaries may enter into an agreement in accordance with s. 59.54 (12) with an Indian tribe located in the county to establish a cooperative county-tribal law enforcement program. To be eligible to receive aid under this section, a county and tribe shall develop and annually submit a joint program plan, by December 1 of the year prior to the year for which funding is sought, to the department of justice for approval. If funding is sought for the 2nd or any subsequent year of the program, the county and tribe shall submit the report required under sub. (4) (b) together with the plan. (2) The joint program plan shall identify all of the following: (a) A description of the proposed cooperative county-tribal law enforcement program for which funding is sought, including information on the population and geographic area or areas to be served by the program. (b) The program’s need for funding under this section and the amount of funding requested. (c) The governmental unit that shall receive and administer aid and the method by which aid shall be disbursed. The joint program plan shall specify that either the tribe or the county shall receive and administer the full amount of the aid or that the tribe and the county each shall receive and administer specified portions of the aid. (d) The types of law enforcement services to be performed on the reservation and the persons who shall perform those services. (e) The person who shall exercise daily supervision and control over law enforcement officers participating in the program. (f) The method by which county and tribal input into program planning and implementation shall be assured. (g) The program’s policies regarding deputization, training and insurance of law enforcement officers. (h) The record-keeping procedures and types of data to be collected by the program. (i) Any other information required by the department or deemed relevant by the county and tribe submitting the plan. (3) Upon request, the department shall provide technical assistance to a county and tribe in formulating a joint program plan. (3m) In determining whether to approve a program plan and, if approved, how much aid the program shall receive, the department shall consider the following factors: (a) The population of the reservation area to be served by the program. (b) The complexity of the law enforcement problems that the program proposes to address. (c) The range of services that the program proposes to provide. (4) If the department approves a plan, the department shall certify the program as eligible to receive aid under s. 20.455 (2) (kt). Prior to January 15 of the year for which funding is sought, the department shall distribute from the appropriations under s. 20.455 (2) (kt) to each eligible program the amount necessary to implement the plan. The department shall distribute the aid to the county, the tribe, or both, as specified in the joint program plan. Distribution of aid is subject to the following limitations: (a) A program may use funds received under s. 20.455 (2) (kt) only for law enforcement operations. (b) A program shall, prior to the receipt of funds under s. 20.455 (2) (kt) for the 2nd and any subsequent year, submit a report to the department regarding the performance of law enforcement activities on the reservation in the previous fiscal year. (5) Annually, on or before January 15, the department shall report on the performance of cooperative county-tribal law enforcement programs receiving aid under this section to each of the following: (a) The chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). (b) The governor. (c) The special committee on state-tribal relations under s. 13.83 (3).

Wis. Stat. § 165.91 Grants to tribes for law enforcement programs

(1) In this section, “tribe” means a federally recognized American Indian tribe or band in this state. (2) (a) From the appropriation under s. 20.455 (2) (kw), the department shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par. (b). The department shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan. (b) The department shall develop criteria and procedures for use in administering this subsection. The department may not consider the grant under s. 165.91 (4), 2011 stats., when determining grant awards under this subsection. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

Wis. Stat. § 165.92 Tribal law enforcement officers; powers and duties

(1) Definitions. In this section: (a) “Reservation lands” means all lands within the exterior boundaries of an Indian reservation in this state. (b) “Tribal law enforcement officer” means a person who is employed by a tribe for the purpose of detecting and preventing crime and enforcing the tribe’s laws or ordinances and who is authorized by the tribe to make arrests of Indian persons for violations of the tribe’s laws or ordinances. (c) “Tribe” means a federally recognized Indian tribe or band in this state. (d) “Trust lands” means any lands in this state held in trust by the United States government for the benefit of a tribe or a member of a tribe. (2) Powers and duties. (a) A tribal law enforcement officer who meets the requirements of s. 165.85 (4) (a) 1., 2., and 7. shall have the same powers to enforce the laws of the state and to make arrests for violations of such laws that sheriffs have, including powers granted to sheriffs under ss. 59.27 and 59.28 and under the common law, and shall perform the duties accepted under s. 165.85 (3) (c). (b) Except as provided in par. (c) and s. 175.40, the powers and duties described under par. (a) may be exercised or performed by a tribal law enforcement officer only on the reservation of the tribe or on trust lands held for the tribe or for a member of the tribe that employs the officer. (c) Any tribal law enforcement officer making an arrest under the authority of this subsection may transport the arrested person to the jail or other detention facility of the county in which the arrest took place or to another jail or detention facility agreed upon by the tribe and the county in which the arrest took place. (3) Liability. Except as provided in s. 175.40 (6m) (c) 1. and unless otherwise provided in a joint program plan under s. 165.90 (2) or an agreement between a political subdivision of this state and a tribe, the tribe that employs a tribal law enforcement officer is liable for all acts and omissions of the officer while acting within the scope of his or her employment, and neither the state nor any political subdivision of the state may be held liable for any action of the officer taken under the authority of sub. (2). (3m) Requirements. No tribal law enforcement officer may exercise or perform the powers or duties described under sub. (2) (a) unless all of the following apply: (a) One of the following: 1. The governing body of the tribe that employs the officer adopts and has in effect a resolution that includes a statement that the tribe waives its sovereign immunity to the extent necessary to allow the enforcement in the courts of this state of its liability under sub. (3) or another resolution that the department of justice determines will reasonably allow the enforcement in the courts of this state of the tribe’s liability under sub. (3). 2. The tribe or tribal law enforcement agency that employs the officer maintains liability insurance that does all of the following: a. Covers the tribal law enforcement agency for its liability under sub. (2) and s. 66.0513. b. Has a limit of coverage not less than $2,000,000 for any occurrence. c. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy. (b) The tribe or tribal law enforcement agency that employs the officer has provided to the department of justice a copy of the resolution under par. (a) 1. or proof of insurance under par. (a) 2., and the department of justice has posted either a copy of the document or notice of the document on the Internet site it maintains for exchanging information with law enforcement agencies. (4) Deputization by sheriff. Nothing in this section limits the authority of a county sheriff to depute a tribal law enforcement officer under s. 59.265 (1) (d), including the authority to grant law enforcement and arrest powers outside the territory described in sub. (2) (b). Deputization of a tribal law enforcement officer by a sheriff shall not limit the powers and duties granted to the officer by sub. (2).

Wis. Stat. § 165.93 Sexual assault victim services; grants

(1) Definitions. In this section: (a) “Department” means the department of justice. (b) “Sexual assault” means conduct that is in violation of s. 940.225, 948.02, 948.025, 948.03, 948.055, 948.06, 948.07, 948.072, 948.08, 948.085, 948.09 or 948.10. (e) “Victim” means an individual who has been sexually assaulted, regardless of whether the sexual assault has been reported to any governmental agency. (2) Grants. (a) The department shall provide grants to eligible organizations from the appropriations under s. 20.455 (5) (e) and (gj) to provide services for sexual assault victims. (b) An organization is eligible to apply for and receive a grant under this section if the organization meets all of the following criteria: 1. The organization is a nonprofit corporation or a public agency. 2. The organization provides or proposes to provide, either directly or through a contract, subcontract, service agreement or collaborative agreement with other organizations, entities or individuals, all of the following for sexual assault victims: a. Advocacy and counseling services. b. Crisis telephone line services on a 24 hours per day and 7 days per week basis. c. Professional education about intervention for sexual assault victims and community education programs for the prevention of sexual assault. d. Services for persons living in rural areas, men, children, elderly persons, physically disabled persons, minority groups and other groups of victims that have special needs. This subdivision does not require the applicant to provide services to any group of persons that does not reside in the applicant’s service area. 3. The organization does not receive more than 70 percent of its operating budget from grants under this section. 4. The organization does not provide all of its services under subd. 2. a. to d. by contract, subcontract, service agreement or collaborative agreement with other organizations, entities or individuals. (c) Whenever the department reviews applications for grants under this section, the department shall consider all of the following: 1. The need for sexual assault victim services in the community in which the applicant provides services or proposes to provide services. 2. The degree to which the applicant’s services or proposed services are coordinated with other resources in the community and state. 3. The needs of urban and rural communities. 4. The needs of existing and proposed programs and services. (3) Reporting requirements. An organization that receives a grant under this section shall report all of the following information to the department for each fiscal year covered by the grant: (a) The total expenditures that the organization made on sexual assault victim services in the period for which the grant was provided during that fiscal year. (b) The number of persons served by general type of sexual assault victim services provided in the period for which the grant was provided during that fiscal year. The department shall identify for organizations the general types of sexual assault services provided. (c) The number of persons who requested sexual assault victim services in the period for which the grant was provided during that fiscal year but who did not receive the sexual assault victim services that they requested. (4) List of eligible organizations. (a) The department shall certify to the elections commission, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2). (b) The department shall make available to law enforcement agencies a current list containing the name and address of each organization that is eligible to receive grants under sub. (2).

Wis. Stat. § 165.94 Global positioning system pilot programs; grants

(1) From the appropriation under s. 20.455 (5) (br), the department of justice shall provide grants to counties to establish a global positioning system tracking program for persons who are subject to a temporary restraining order or injunction under s. 813.12 or 813.125. (3) Two or more counties may jointly establish and administer a program and apply for and receive a grant under this section.

Wis. Stat. § 165.95 Alternatives to incarceration; grant program

(1) In this section: (ag) “Tribe” has the meaning given in s. 165.91 (1). (bg) “Violent offender” means a person to whom one of the following applies: 1. The person has been charged with or convicted of an offense in a pending case and, during the course of the offense, the person carried, possessed, or used a dangerous weapon, the person used force against another person, or a person died or suffered serious bodily harm. 2. The person has one or more prior convictions for a felony involving the use or attempted use of force against another person with the intent to cause death or serious bodily harm. (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (em), (jd), (kn), and (kv). The department of justice shall collaborate with the department of corrections and the department of health services in establishing this grant program. (2r) Any county or tribe that receives a grant under this section on or after January 1, 2012, shall provide matching funds that are equal to 25 percent of the amount of the grant. (3) A county or tribe shall be eligible for a grant under sub. (2) if all of the following apply: (a) The county’s or tribe’s program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person’s use or abuse of alcohol or other drugs. (b) The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants’ families by meeting the comprehensive needs of participants. (c) The program establishes eligibility criteria for a person’s participation. The criteria shall specify that a violent offender is not eligible to participate in the program. (cd) Subject to par. (cg), the program does not prohibit a person from beginning or continuing participation in the program because he or she uses a medication that is approved by the federal food and drug administration for the treatment of his or her substance use disorder. (cg) The program allows a participant to use a medication that is approved by the federal food and drug administration if all of the following are true: 1. A licensed health care provider, acting in the scope of his or her practice, has examined the person and determined that the person’s use of the medication is an appropriate treatment for the person’s substance use disorder. 2. The medication was appropriately prescribed by a person authorized to prescribe medication in the state. 3. The person is using the medication as prescribed as part of treatment for a diagnosed substance use disorder. (d) Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management. (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment. (f) The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and increase the payment of other court-ordered obligations. (g) The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication among a participant’s substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person’s compliance with his or her obligations under the program and any probation, extended supervision, and parole agent assigned to the participant. (h) The program provides substance abuse and mental health treatment services through providers that are certified by the department of health services. (i) The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services. (j) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local and, if applicable, tribal law enforcement officials, county agencies and, if applicable, tribal agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse treatment providers. (k) The county or tribe complies with other eligibility requirements established by the department of justice to promote the objectives listed in pars. (a) and (b). (4) In implementing a program that meets the requirements of sub. (3), a tribe or a county department may contract with or award grants to a religious organization under s. 59.54 (27). (5) (a) A county or tribe that receives a grant under this section shall create an oversight committee to advise the county or tribe in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of the tribe, if applicable, a representative of each other county agency and, if applicable, tribal agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the department of corrections and department of health services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county or tribe. (b) A county or tribe that receives a grant under this section shall comply with state audits and shall submit an annual report to the department of justice and to the oversight committee created under par. (a) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in sub. (3) (b) and (f). (bg) A county or tribe that receives a grant under this section shall submit data requested by the department of justice to the department of justice each month. The department of justice may request any data regarding the project funded by the grant that is necessary to evaluate the project and prepare the reports under sub. (5p). (5m) In a program funded by a grant under this section, if urine collection for the purposes of a drug test results in the exposure of a program participant’s genitals, pubic area, buttock or anus, all of the following must apply: (a) The person conducting the urine collection for purposes of a drug test is of the same sex as the program participant. (b) During the urine collection, the program participant is not exposed to the view of any person not conducting the urine collection. (c) The urine collection is not reproduced through a visual or sound recording. (d) The program participant’s genitals, pubic area, buttock, and anus are not subject to any physical inspection beyond observation of the urine collection. (e) All staff of the program must strive to preserve the dignity of all program participants subject to urine collection for the purpose of drug testing. (5p) (a) The department of justice shall, annually, analyze the data submitted under sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program. The department of justice shall make the report available to the public. (b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under sub. (5) (bg) and the annual reports it produces under par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program and shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). (6) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section. Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe’s and each county department’s role in developing, administering, and evaluating the program. The oversight committee established under sub. (5) (a) shall consist of representatives from each county or tribe. (7) Grants provided under this section shall be provided on a calendar year basis beginning on January 1, 2007. If the department of justice decides to make a grant to a county or tribe under this section, the department of justice shall notify the county or tribe of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made. (7m) Beginning in fiscal year 2012-13, the department of justice shall, every 5 years, make grants under this section available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection regardless of whether the county or tribe has received a grant previously under this section. (8) The department of justice shall assist a county or tribe receiving a grant under this section in obtaining funding from other sources for its program. (9) The department of justice shall inform any county or tribe that is applying for a grant under this section whether the county or tribe meets the requirements established under sub. (3), regardless of whether the county or tribe receives a grant. (10) The department of justice shall evaluate every 2 years, the grant program established under this section.

Wis. Stat. § 165.96 Child advocacy grants

From the appropriation under s. 20.455 (5) (ke), the department of justice shall in each fiscal year award grants to each of the following child advocacy centers to enhance the multidisciplinary response to suspected child maltreatment: (1) Care House in Rock County. (2) Milwaukee Child Advocacy Center in Milwaukee County. (3) Safe Harbor in Dane County. (4) Kenosha County Child Advocacy Center in Kenosha County. (5) Fox Valley Child Advocacy Center in Outagamie County. (6) Stepping Stones in La Crosse County. (7) CARE Center in Waukesha County. (8) Child Advocacy Center of North Central Wisconsin in Marathon County. (9) Chippewa Valley Child Advocacy Center in Eau Claire County. (10) Willow Tree Cornerstone Child Advocacy Center in Brown County. (11) Racine County Child Advocacy Center in Racine County. (12) Walworth County Child Advocacy Center in Walworth County. (13) Green County Child Advocacy Center in Green County. (14) Marshfield Child Advocacy Center in Wood County. (15) Lakeshore Regional Child Advocacy Center in Ozaukee County. (16) Lakeshore Regional Child Advocacy Center in Sheboygan County. (17) Child Advocacy Centers of Wisconsin.

Wis. Stat. § 165.98 Grants for body cameras for law enforcement officers

(1) In this section, “law enforcement agency” means an agency of a political subdivision of this state or of a federally recognized Indian tribe or band whose purpose is the detection and prevention of crime and enforcement of laws or ordinances and whose employees are authorized to make arrests for crimes or violations of ordinances. “Law enforcement agency” includes the Marquette University police department under s. 175.42. “Law enforcement agency” does not include an agency of the state. (1g) The department of justice shall award grants to law enforcement agencies to enable the agencies to purchase body cameras for the law enforcement officers the agency employs. (2) A law enforcement agency may apply, or more than one law enforcement agency may jointly apply, to the department of justice for a grant under this section and shall include in the application all of the following: (a) A proposed plan of expenditure of the grant money, including the estimated cost per body camera and the number of body cameras needed. (b) A statement indicating that the applicant intends to match the amount of the grant awarded and agrees to maintain the equipment, replace the equipment as needed, and maintain adequate digital video storage for at least 3 years from the date of the award. (c) The amount of time that the applicant anticipates it will need after receiving the grant money before it is able to equip with a body camera all officers as required under sub. (3). (3) Notwithstanding a policy under s. 165.87 (1), a law enforcement agency that receives a grant under this section shall do all of the following for at least 3 years from the date of the award: (a) Equip with a body camera all officers who have primary duties involving traffic patrol, beat patrol, or responding to calls from the public requiring assistance. (b) Require an officer who is equipped with a body camera to activate the camera in situations in which the officer has an enforcement or investigative contact with a member of the public, including a traffic stop, arrest, search, interrogation, or interview, or in any other situation in which the officer has contact with a member of the public that becomes adversarial after the initial contact. (4) The department shall attempt to award grants to all law enforcement agencies that apply and qualify under sub. (2). If available funds are not sufficient to issue grants to all applicants, the department shall consider fairness among different population areas and need based on crime rates. (5) A law enforcement agency that receives a grant under this section shall use the grant funds in accordance with the following: (a) The funds may be used only to cover the cost of body cameras, digital storage, and retrieval systems. The funds may be used to purchase body cameras only for law enforcement officers under sub. (3) (a). The funds may not be used to hire employees or pay salaries. (b) The funds are intended to pay for half of the costs of the body cameras, and the grant recipients are to pay for the other half. The grant recipients may use contributions, gifts, or other grants as part or all of their matching amount requirement. (c) The funds may not supplant existing resources.

Wis. Stat. § 165.255 Representation in sexually violent person commitment proceedings

The department of justice may, at the request of an agency under s. 980.02 (1), represent the state in sexually violent person commitment proceedings under ch. 980.

Wis. Stat. § 165.503 Internet crimes against children public awareness campaign

(1) The department of justice shall conduct a children’s online digital safety awareness campaign with the goal of raising awareness of the potential dangers of Internet use by children and distributing information on steps that may be taken to prevent children’s exposure to harmful content on the Internet. The campaign shall use a combination of digital platforms, including the department’s website, social media platforms, and digital newsletters, and print platforms, if available. (2) The department of justice shall provide any of the materials developed for the digital safety awareness campaign under sub. (1) to a school, as defined in s. 118.257 (1) (d), free of charge upon request.

Wis. Stat. § 165.505 Internet crimes against children and human trafficking; administrative subpoena

(1) In this section: (ag) “Hotel” has the meaning given in s. 97.01 (7). (am) “Human trafficking crime” means the commission of, or the solicitation, conspiracy, or attempt to commit, a violation of s. 940.302 or 948.051. (bg) “Internet crime against a child” means the commission of, or the solicitation, conspiracy, or attempt to commit, any of the following: 1. A violation of s. 948.05, 948.075, 948.11, 948.12, or 948.125. 2. A violation of ch. 948 that involves the use of a device that permits the transmission of wire or electronic communications or images through an electronic communications service, as defined in s. 968.27 (5), or a remote computing service, as defined in s. 968.27 (14g). 3. A violation of s. 942.095 if the crime victim was a child, as defined in s. 948.01 (1), at the time of the violation. (2) (am) The attorney general or his or her designee may issue and cause to be served a subpoena, in substantially the form authorized under s. 885.02, upon a provider of an electronic communication service or a remote computing service to compel the production of any of the items listed in par. (c) if all of the following apply: 1. The information likely to be obtained is relevant to an ongoing investigation of a human trafficking crime or an Internet crime against a child. 2. The attorney general or his or her designee has reasonable cause to believe that an Internet or electronic service account provided by an electronic communication service or a remote computing service has been used in the crime. (bm) The attorney general or his or her designee issuing a subpoena under par. (am) shall ensure that the subpoena describes each record or other information pertaining to a customer or subscriber of the service to be produced and prescribes a reasonable return date by which the person served with the subpoena must assemble each record or other information and make them available. (c) A person who is duly served a subpoena issued under par. (am) shall, if requested, provide the following information about the customer or subscriber: 1. Name. 2. Address. 3. Duration, including the start date and end date, of the assignment of any Internet protocol address to the customer or subscriber. (d) A person served with a subpoena under par. (am) may, before the return date indicated under par. (bm), petition a circuit court in the county where the subpoena was issued for an order to modify or quash the subpoena or to prohibit disclosure of information by the court. (3j) (a) The attorney general or his or her designee may issue and cause to be served a subpoena, in substantially the form authorized under s. 885.02, upon a hotel to compel the production of any of the items listed in par. (c) if all of the following apply: 1. The information likely to be obtained is relevant to an ongoing investigation of a human trafficking crime or an Internet crime against a child. 2. The attorney general or his or her designee has reasonable cause to believe that a room provided by a hotel has been used in the crime. (b) The attorney general or his or her designee issuing a subpoena under par. (a) shall ensure that the subpoena describes each record or other information pertaining to a customer of the room to be produced and prescribes a reasonable return date by which the person served with the subpoena must assemble each record or other information and make them available. (c) A person who is duly served a subpoena issued under par. (a) shall, if requested, provide the following information about the customer: 1. Name. 2. Address and telephone number of record. 3. Duration, including the start date and end date, of the assignment of any room to the customer. (d) A person served with a subpoena under par. (a) may, before the return date indicated under par. (b), petition a circuit court in the county where the subpoena was issued for an order to modify or quash the subpoena or to prohibit disclosure of information by the court. (6) If the investigation into a human trafficking crime or an Internet crime against a child specified under sub. (2) (am) or (3j) (a) does not result in a prosecution or other proceeding against a person, the attorney general or his or her designee shall either destroy, or return to the person who produced, the records and information requested by the subpoena. (7) The attorney general or his or her designee may order a provider of an electronic communication service or remote computing service or a hotel not to notify or disclose the existence of the subpoena to the customer or subscriber or any other person, except an attorney for the purpose of obtaining legal advice or a circuit court, for a period of 90 days after the provider or hotel produces the requested records and information or files a petition under sub. (2) (d) or (3j) (d) if the attorney general or his or her designee has reason to believe that the victim of the human trafficking crime or Internet crime against a child investigated under sub. (2) (am) or (3j) (a) is under 18 years of age, and that notification or disclosure of the existence of the subpoena will do any of the following: (a) Endanger the life or physical safety of an individual. (b) Lead to flight from prosecution. (c) Lead to the destruction or tampering with evidence. (d) Lead to the intimidation of a potential witness. (e) Otherwise seriously jeopardize the investigation. (8) Records and information produced in response to a subpoena issued under sub. (2) (am) or (3j) (a) are not subject to inspection or copying under s. 19.35 (1), except that the attorney general or his or her designee may, upon request, disclose the records and information to another law enforcement agency or a district attorney.

Wis. Stat. § 165.755 Crime laboratories and drug law enforcement surcharge

(1) (a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $13 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance. (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m). (2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple offenses or places a person on probation for multiple offenses, a separate crime laboratories and drug law enforcement surcharge shall be imposed under ch. 814 for each separate offense. (3) Except as provided in sub. (4), after the court determines the amount due under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. (4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm). (5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the surcharge under sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the surcharge under sub. (1) (a) shall be transmitted monthly to the secretary of administration under this section. If bail is returned, the surcharge shall also be returned. (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement surcharge under sub. (1) (a), the department shall assess and collect the amount owed from the inmate’s wages or other moneys. Any amount collected shall be transmitted to the secretary of administration. (7) All moneys collected from crime laboratories and drug law enforcement surcharges under this section shall be deposited by the secretary of administration and used as specified in ss. 20.455 (2) (jb), (kd), and (Lm) and 20.475 (1) (km).

Wis. Stat. § 165.765 Biological specimen; force and immunity

(1g) In this section: (a) “Correctional officer” has the meaning given in s. 301.28 (1). (b) “Jail officer” has the meaning given in s. 165.85 (2) (bn). (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c). (d) “Tribal officer” has the meaning given in s. 165.85 (2) (g). (1m) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services may use reasonable force to obtain a biological specimen from a person who intentionally refuses to provide a biological specimen that is required under s. 165.76 (1), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), or 970.02 (8). (2) (a) 1. Any physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician who obtains a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act. 2. Any employer of the physician, nurse, technologist, assistant, or person under subd. 1. or any hospital where blood is withdrawn by that physician, nurse, technologist, assistant, or person is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act. (bm) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services, who is authorized to collect biological specimens, is immune from civil or criminal liability for collecting a biological specimen if the collection is in compliance with sub. (1m) and s. 165.76 and performed in good faith and in a reasonable manner.

Wis. Stat. § 165.775 Sexual assault kits

(1) In this section: (a) “Department” means the department of justice. (b) “Health care professional” has the meaning given in s. 154.01 (3). (c) “Sex offense” has the meaning given in s. 949.20 (7). (d) “Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense. (e) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination. (f) “Wisconsin law enforcement agency” has the meaning given in s. 165.77 (1) (c). (2) Whenever a health care professional conducts a sexual assault forensic examination and collects a sexual assault kit, the health care professional shall do one of the following: (a) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin law enforcement agency within 24 hours after collecting the sexual assault kit. (b) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency, and reporting is not required under s. 48.981 (2), send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub. (6) within 72 hours after collecting the sexual assault kit. (3) If a Wisconsin law enforcement agency receives notification under sub. (2) (a), it shall do all of the following: (a) Take possession of the sexual assault kit from the health care professional within 72 hours after receiving the notification. (b) Except as provided in par. (c), within 14 days after taking possession of the sexual assault kit, send the sexual assault kit to the state crime laboratories for processing in accordance with sub. (4) (b). (c) If the Wisconsin law enforcement agency, after taking possession of the sexual assault kit under par. (a) but before sending the sexual assault kit under par. (b), receives notification from the victim that the victim does not want to proceed with the analysis of his or her sexual assault kit, send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub. (6) within 14 days after taking possession of the sexual assault kit. (4) (a) If the state crime laboratories takes possession of a sexual assault kit and the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency, the state crime laboratories shall securely store the sexual assault kit for a period of 20 years, during which time the sexual assault victim may choose to report the assault to a Wisconsin law enforcement agency. (b) Except as provided in par. (a), if the state crime laboratories takes possession of a sexual assault kit, the state crime laboratories shall begin processing the kit in accordance with the procedures specified in the rules promulgated under sub. (6) and shall complete processing the kit within 6 months after the state crime laboratories receives it, except that the state crime laboratories shall begin processing the kit within 5 business days of taking possession and shall complete processing the kit within 60 calendar days after the processing has begun if any of the following applies: 1. The victim chooses to report the sexual assault to a Wisconsin law enforcement agency, the identity of the person who perpetrated the sexual assault is unknown, and there is a threat to public safety. For purposes of this subsection, a victim’s report to a law enforcement agency shall be considered consent for the analysis of his or her sexual assault kit. 2. The sexual assault kit contains evidence collected from a sexual assault forensic examination that was performed as part of an investigation of a death that involves unexplained, unusual, or suspicious circumstances, as determined by a law enforcement agency. (5) If a law enforcement agency takes possession of a sexual assault kit after it has been processed by the state crime laboratories, notwithstanding s. 968.205, it shall securely store the sexual assault kit for a period of 50 years, or until the date of the expiration of the statute of limitations, or until the end of the term of imprisonment or probation of a person who was convicted in the sexual assault case, whichever is longest. (6) The department shall promulgate rules to administer this section.

Wis. Stat. § 165.776 Sexual assault kit tracking system

(1) In this section: (a) “Health care professional” has the meaning given in s. 154.01 (3). (b) “Law enforcement agency” means a governmental unit of one or more persons employed full-time by the federal government, a state, or a political subdivision of a state for the purpose of preventing and detecting crime and enforcing federal or state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (c) “Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense. (d) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination. (e) “Wisconsin law enforcement agency” means a governmental unit of one or more persons employed full-time by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (2) The department shall establish a database, which shall be known as the Wisconsin Sexual Assault Kit Tracking System, for the purpose of providing victims of sexual assault access to information about the status of any sexual assault kit the victim has provided. The database shall use electronic technologies to allow continuous, ongoing access to do all of the following: (a) Allow health care professionals collecting sexual assault kits, forensic laboratories, law enforcement agencies, prosecutors, and the department to update and track the location and status of sexual assault kits, including the initial collection of evidence, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, and destruction. (b) Allow a victim of sexual assault to anonymously track the location and status of the victim’s sexual assault kit. Notwithstanding s. 165.79 (1), a victim may receive information relating to the location and status of the victim’s sexual assault kit. (3) (a) Whenever a Wisconsin law enforcement agency or a health care professional collects evidence in a case of sexual assault, the agency or professional shall enter the information required in the department’s rules under sub. (4) into the Wisconsin Sexual Assault Kit Tracking System. (b) Whenever the crime laboratories perform deoxyribonucleic acid analysis of a sexual assault kit, the crime laboratories shall enter the information required in the department’s rules under sub. (4) into the Wisconsin Sexual Assault Kit Tracking System. (4) The department shall promulgate rules to administer this section.

Wis. Stat. § 165.785 Crime alert network

(1) (a) In addition to its duties under ss. 165.50 and 165.78, the department shall develop, administer, and maintain an integrated crime alert network. (b) 1. The department may use the network under par. (a) to provide information regarding known or suspected criminal activity, crime prevention, and missing or endangered persons to state agencies, law enforcement officers, and members of the private sector. 2. The department shall ensure that a law enforcement agency may access the network under par. (a) to disseminate a report under s. 175.51 (1m) or (1v) to persons on the list maintained under sub. (2m) (c). 3. The department shall ensure that a law enforcement agency may access the network under par. (a) to disseminate a report under s. 175.51 (2m) to persons on the list maintained under sub. (2r). (2) The department may charge a fee to members of the private sector who receive information under sub. (1) (b) 1. The department may not charge a fee to any person who receives information under sub. (1) (b) 2. or 3. (2m) (a) 1. The department shall provide a form for reports of missing persons at risk under s. 175.51 (1m) and missing veterans at risk under s. 175.51 (1v) that law enforcement agencies can access through the integrated crime alert network. 2. The department shall train law enforcement officers on identifying reports of persons at risk that are appropriate for dissemination under sub. (1) (b) 2., using the form provided under subd. 1., and accessing the network to disseminate the report. (b) The department shall work directly with persons on the list maintained under par. (c) and with government agencies, broadcasters, and public and private organizations with missions focused on persons or veterans at risk to develop criteria for law enforcement officers to use to identify reports of missing persons or veterans at risk that are appropriate to disseminate under s. 175.51 (1m) or (1v), to determine the most effective methods and guidelines for the persons on the list maintained under par. (c) to use to broadcast or make public reports of missing persons or veterans at risk, and to receive feedback on the forms provided under par. (a) 1. and on the list maintained under par. (c). (c) The department shall maintain a list of persons that are engaged in broadcasting or outdoor advertising, that have agreed to be on the list, and that would be appropriate recipients of reports disseminated under sub. (1) (b) 2. (2r) The department shall maintain a list of persons that can effectively broadcast or make public reports disseminated under s. 175.51 (2m). The department shall ensure that the list includes persons engaged in broadcasting or outdoor advertising. (3) The department shall utilize only program revenue amounts credited and expended from the appropriation account under s. 20.455 (2) (gp) to develop, administer, and maintain the integrated crime alert network under sub. (1).

Wis. Stat. § 165.825 Information link

The department of justice shall cooperate with the departments of safety and professional services, health services, and financial institutions in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

Wis. Stat. § 165.827 Transaction information for the management of enforcement system; fees

The department of justice shall administer a transaction information for the management of enforcement system to provide access to information concerning law enforcement. The department of justice may impose fees on law enforcement agencies and tribal law enforcement agencies, as defined in s. 165.83 (1) (e), for rentals, use of terminals and related costs and services associated with the system. All moneys collected under this section shall be credited to the appropriation account under s. 20.455 (2) (h).

Wis. Stat. § 165.845 Collection and reporting of crime and criminal justice data

(1g) In this section: (a) “Great bodily harm” has the meaning given in s. 939.22 (14). (m) “Use-of-force incident” means any of the following: 1. Any incident involving the discharge of a firearm by a law enforcement officer at or in the direction of a civilian. 2. Any incident involving the discharge of a firearm by a civilian at or in the direction of a law enforcement officer. 3. Any incident in which an action taken by a law enforcement officer as a response to an act of resistance results in great bodily harm or death. 4. Any incident in which an act of resistance taken by a civilian against a law enforcement officer results in great bodily harm or death. (1r) The department of justice shall: (a) Collect information concerning the number and nature of offenses known to have been committed in this state, concerning sexual assault kits, as defined in s. 165.775 (1) (e), collected in this state, and concerning such other information as may be useful in the study of crime and the administration of justice. The department of justice may determine any other information to be obtained regarding crime, evidence, and justice system data or statistics. The information shall include all of the following: 1. Data requested by federal agencies under the U.S. department of justice, including but not limited to the federal bureau of investigation under the National Incident-Based Reporting System for the United States. 2. For any use-of-force incident, all of the following information: a. The gender, race, ethnicity, and age of each person who was shot at, injured, or killed. b. The date, time, and location of the incident. c. The reason for the law enforcement officer’s initial contact with the civilian. d. Whether any civilian involved in the incident was armed and, if he or she was armed, the type of weapon that the civilian had. e. The type of resistance used against the law enforcement officer by the civilian, the type of action taken in response by the officer, and if applicable, the types of weapons used. f. The number of law enforcement officers involved in the incident. g. The number of civilians involved in the incident. h. A brief description regarding any acts of resistance that precipitated the incident and the circumstances surrounding the incident, including perceptions on behavior or mental disorders. i. Any other information that is required to comply with the reporting standards of the National Use-Of-Force Data Collection system administered by the federal bureau of investigation. 3. For each case involving a crime, as defined in s. 939.12, that resulted in charges being filed in any circuit court, all of the following information: a. The county in which the case was filed. b. The name of the prosecuting attorney assigned to the case. c. The name of the court official assigned to the case. d. The criminal charge filed. e. The arrest charge from the arresting law enforcement agency, if applicable. f. Whether any charge relating to the case was dismissed. g. Whether the case resulted in a conviction. (b) Furnish all reporting officials with instructions that specify the nature of the information required under par. (a), a simple format in which to submit the information, the time it is to be forwarded, the process for submitting the information, the method of classifying it, and any other matters that facilitate collection and compilation. The format provided under this paragraph shall, to the greatest extent feasible, minimize the time required by each law enforcement officer to submit the required information. (c) Maintain a statistical analysis center to serve as a clearing house of justice system data and information and conduct justice system research and data analysis under this section. (d) Publish an annual report using the information collected under par. (a) 2. The report may be published electronically on the department of justice’s Internet site in an interactive format and shall include, at a minimum, all information that is reported to the department by local law enforcement agencies under par. (a) 2. (e) Publish data at least annually on law enforcement agency compliance with the reporting requirement under par. (a) relating to sexual assault kits. (f) Establish an interactive dashboard that does not contain any personally identifying information for a criminal defendant that is accessible on the department of justice’s website that includes, at a minimum, all information that is collected under par. (a) 3., and annually submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report that includes a summary of the information that is collected under par. (a) 3. (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the information described in sub. (1r) (a) in the format specified by the department under sub. (1r) (b). The department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal and juvenile justice system agencies.

Wis. Stat. § 165.875 Public safety peer counseling

(1) Definitions. In this section: (a) “Agency” means a law enforcement agency, a tribal law enforcement agency, a fire protection or emergency medical services agency, or any other agency or entity, including a nonprofit organization, that employs, represents, or serves law enforcement officers, tribal law enforcement officers, correctional officers, jail officers, juvenile detention officers, fire fighters, dispatchers, emergency medical responders, emergency medical services practitioners, public safety personnel, or ambulance service provider personnel. (b) “Ambulance service provider” has the meaning given in s. 256.01 (3). (c) “Communication” means an oral statement, written statement, note, record, report, or document made during or arising out of a meeting between a recipient of peer support services or critical incident stress management services and a peer support team member or a critical incident stress management services team member. (d) “Correctional officer” has the meaning given in s. 301.28 (1). (e) “Critical incident” means an actual or perceived event or situation that involves a crisis, disaster, trauma, or emergency. (f) “Critical incident stress management services” means services provided by a critical incident stress management services team or a critical incident stress management services team member to any law enforcement officer, tribal law enforcement officer, correctional officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, or civilian employee or volunteer member of a law enforcement agency affected by a critical incident and designed to assist the individual affected by a critical incident to cope with critical incident stress or to mitigate reactions to critical incident stress. “Critical incident stress management services” includes any of the following: 1. Critical incident stress defusings. 2. Critical incident stress debriefings. 3. On-scene support services. 4. One-on-one support services. (g) “Critical incident stress management services team member” means any law enforcement officer, tribal law enforcement officer, correctional officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, civilian employee or volunteer member of a law enforcement agency, or other person who has been trained in critical incident stress management services and officially designated by the agency head or the agency head’s designee to be a member of the agency’s critical incident stress management services team. (h) “Emergency medical responder” has the meaning given in s. 256.01 (4p). (i) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5). (j) “Fire fighter” means any person employed by the state or a political subdivision as a member or officer of a fire department or a member of a volunteer fire department, including the state fire marshal and deputies. (k) “Jail officer” has the meaning given in s. 165.85 (2) (bn). (L) “Juvenile detention facility” has the meaning given in s. 48.02 (10r). (m) “Juvenile detention officer” has the meaning given in s. 165.85 (2) (bt). (n) “Law enforcement agency” means a governmental unit of one or more persons employed full time by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (o) “Law enforcement officer” means any person employed by the state or a political subdivision for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances. “Law enforcement officer” includes a person appointed as a conservation warden by the department of natural resources under s. 23.10 (1). (p) “Peer support services” means any debriefing, defusing, on-scene, or one-on-one session provided by a peer support team member that provides emotional and moral support to any law enforcement officer, tribal law enforcement officer, correctional officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, or civilian employee or volunteer member of a law enforcement agency affected by stress or an incident, whether personal or professional. (q) “Peer support team member” means any law enforcement officer, tribal law enforcement officer, jail officer, juvenile detention officer, fire fighter, dispatcher, emergency medical responder, emergency medical services practitioner, public safety personnel, ambulance service provider personnel, civilian employee or volunteer member of a law enforcement agency, or other person who has been trained in peer support services and officially designated by the agency head or the agency head’s designee to be a member of the agency’s peer support team. (r) “Political subdivision” has the meaning given in s. 165.85 (2) (d). (s) “Public safety personnel” means an employee of a governmental entity who, by virtue of the person’s job duties, provides support to peace officers, including dispatchers, public safety telecommunicators, crime scene and crime laboratory technicians, and criminal analysts. (t) “Trained” means a person who has successfully completed an approved peer support training program or an approved critical incident stress management training program. (u) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e). (v) “Tribal law enforcement officer” has the meaning given in s. 165.85 (2) (g). (2) Creation; operation. (a) The department of justice shall establish and implement a program for the establishment of peer support teams and critical incident stress management services teams. The department of justice shall organize a program of training for membership on a peer support team to provide peer support services. (b) In order to qualify as a peer support team member or a critical incident stress management services team member, an individual shall attend a peer support training program provided through the department of justice as described under par. (a) or, at a minimum, a training program by a credentialed health care provider who, through education, training, or experience, is qualified to provide peer support training or critical incident stress management services training. An individual may not provide peer support services or critical incident stress management services unless that individual successfully completes a peer support or critical incident stress management services training program. (c) The department of justice shall promulgate rules to implement this section, including all of the following: 1. Procedures for establishment of a peer support team or a critical incident stress management services team. 2. Procedures for designation of individuals to be peer support team members, critical incident stress management services team members, or both. (d) 1. An agency may establish a peer support team and, if a peer support team is established, shall develop written guidelines for the peer support team and its peer support team members. 2. An agency may establish a critical incident stress management services team and, if a critical incident stress management services team is established, shall develop written guidelines for the critical incident stress management services team and its critical incident stress management services team members. 3. No agency may establish or maintain a peer support team or critical incident stress management services team unless the agency complies with rules promulgated under this section. (f) Subject to par. (g), in accordance with s. 905.095, a peer support team member or critical incident stress management services team member may refuse to disclose communications made by a person receiving peer support services or critical incident stress management services, including individual or group support sessions. (g) Paragraph (f) applies only to communications made during interactions conducted by a peer support team member or critical incident stress management services team member who is doing all of the following: 1. Acting in the team member’s capacity as a peer support team member or critical incident stress management services team member. 2. Functioning within the written peer support guidelines or critical incident stress management services guidelines that are in effect for the team member’s respective agency. (h) Subject to the requirements under par. (g), communications made by a person receiving or providing peer support services or critical incident stress management services, including communications made during or arising out of individual or group support sessions, are not open to public inspection, copying, or disclosure under s. 19.35. (i) This section does not apply if any of the following are true: 1. A peer support team member or a critical incident stress management services team member was a witness or a party to the incident that prompted the delivery of peer support services or critical incident stress management services. 2. Information received by a peer support team member or a critical incident stress management services team member is indicative of actual or suspected child abuse or actual or suspected child neglect. 3. The person receiving peer support services or critical incident stress management services is a clear and immediate danger to himself or herself or others. 4. Communication to a peer support team member or a critical incident stress management services team member provides evidence that the person who is receiving the peer support services or critical incident stress management services has committed a crime, plans to commit a crime, or intends to conceal a crime. (3) Liability exemption. (a) Except as otherwise provided in par. (b), a peer support team or peer support team member or a critical incident stress management services team or critical incident stress management services team member providing peer support services or critical incident stress management services, respectively, is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to a peer support team member’s or critical incident stress management services team member’s act, error, or omission in performing peer support services or critical incident stress management services. (b) Paragraph (a) does not apply to an action for medical malpractice.

Wis. Stat. § 165.937 Grants for protection of elders

(1) The department of justice shall award grants from the appropriation under s. 20.455 (2) (fw) to organizations that promote the protection of elders. (2) The department of justice shall provide funds from the appropriation under s. 20.455 (2) (fw) to support a statewide elder abuse hotline for persons to anonymously provide tips regarding suspected elder abuse.

Wis. Stat. § 165.955 Drug court; grant program

(1) In this section, “drug court” means a court that diverts a substance-abusing person from prison or jail into treatment by increasing direct supervision of the person, coordinating public resources, providing intensive community-based treatment, and expediting case processing. (2) From the appropriation under s. 20.455 (2) (eg), the department of justice shall provide, to counties that have not established a drug court, grants to establish and operate drug courts.

Wis. Stat. § 165.957 Frequent testing for use of alcohol or a controlled substance; pilot program

(1) In this section: (a) “Controlled substance” has the meaning given in s. 961.01 (4). (b) “Testing” means a procedure for determining the presence and level of alcohol or a controlled substance in an individual’s blood, breath, or urine, and includes any combination of the use of breath testing, drug patch testing, urinalysis, or continuous or transdermal alcohol monitoring. (2) The department of justice may designate up to 5 counties to participate in a voluntary frequent sobriety testing program. If a county opts not to participate in the program, the department of justice may designate another county to replace it. (3) The department of justice may, by rule, establish the following: (a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in sub. (4) (b) 1. This paragraph does not apply to testing required pursuant to an order under s. 343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under s. 343.301 (1g) (a) 2. b. (b) A standard for setting fees that counties may collect under sub. (4) (d). The standard may include a component that allows the department of justice to recoup its costs under this section, and as provided in sub. (5) (a). (c) A timeline and procedure for counties to submit to the department of justice the information required under sub. (6). (4) Each frequent sobriety testing program shall meet all of the following criteria: (a) The program limits participation to persons whose number of convictions under ss. 940.09 (1) and 940.25, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 2 or more, and to whom one of the following applies: 1. The person is ordered by a judge or by the department of corrections as a condition of bond, release under s. 969.01 (1) (a), probation or deferred prosecution, release to parole, or release to extended supervision, to totally abstain from using alcohol or a controlled substance, and whose participation in the program is ordered by the judge or by the department of corrections as a condition of bond, release under s. 969.01 (1) (a), probation, release to parole, or release to extended supervision. 2. The person agrees to totally abstain from using alcohol or a controlled substance while he or she is released on bond, on release under s. 969.01 (1) (a), on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and agrees to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of bond, release pursuant to s. 969.01 (1) (a), probation or deferred prosecution, or release to parole or to extended supervision. This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2. (b) 1. Except as provided in subd. 2. or 2m., the program requires participants to be tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, or for the use of a controlled substance as frequently as practicable. 2. If the standard for frequent testing described in subd. 1. creates an unreasonable hardship for the county administering the program, the program may utilize the standard established by the department of justice under sub. (3) (a). This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2. 2m. Any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2. shall be tested as required under 23 USC 405 (d) (7) (A) (ii) and regulations adopted thereunder. (c) The program informs a participant that, if he or she fails to appear for a scheduled test or if his or her test results indicate that the participant used alcohol or a controlled substance, he or she may be placed under immediate arrest and referred to the department of corrections and to the appropriate prosecuting agency for violating a condition of his or her bond, release under s. 969.01 (1) (a), probation or deferred prosecution, or of his or her release to parole or extended supervision. (d) The program requires participants to pay a fee, except that a county may allow a participant to pay a reduced fee or no fee, subject to the participant’s ability to pay. Each county may establish fees that are consistent with any standard established under sub. (3) (b) and that the county determines are sufficient to fund its frequent sobriety testing program. Except as provided in sub. (5), the county may retain the fees it collects pursuant to this paragraph to administer its program. (5) (a) The department of justice may enter into an agreement with each designated county that requires the county to pay a portion of the fees the county collects under sub. (4) (d) to the department of justice to pay the actual costs of performing the analysis and reporting under sub. (7). (b) The department of justice shall deposit in the state treasury for deposit into the general fund all moneys it collects under this subsection. These moneys shall be credited to the appropriation account under s. 20.455 (2) (gu). (6) Each county that establishes a frequent sobriety testing program after being designated by the department of justice under sub. (2) shall, annually, provide the following information to the department of justice: (a) The number of participants in the program. (b) The costs associated with the program. (c) The failure or dropout rate of participants. (d) Other information requested by the department of justice. (7) (a) Not later than June 30, 2016, the department of justice shall provide to the legislature under s. 13.172 (2) a list of counties it designated under sub. (2). For each county it designates, the department of justice shall inform the legislature of the reasons it chose the county for participation. If the department of justice designated a county to replace a different county, the department of justice shall include that information in the report. (b) Beginning January 15, 2017, and annually thereafter until January 15, 2021, the department of justice shall analyze the information it receives pursuant to sub. (6) and shall submit a report to the legislature under s. 13.172 (2). The report shall include all of the following information relating to the prior year’s frequent sobriety testing programs: 1. A list of counties designated under sub. (2) that established a frequent sobriety testing program. 2. The number of participants in each county’s frequent sobriety testing program. 3. A description of each county’s frequent sobriety testing program. 4. The recidivism rates for participants in each county’s frequent sobriety testing program. (c) By January 15, 2021, the department of justice shall submit a final report to the legislature under s. 13.172 (2) that includes all of the information required under par. (b) and contains a recommendation as to whether the frequent sobriety testing programs should be continued, discontinued, or modified. (8) The department of justice may use the emergency rules procedure under s. 227.24 to promulgate rules specified in sub. (3). Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this section. (9) This section does not apply after June 30, 2021.

Wis. Stat. § 165.967 Court appointed special advocates; grants

(1) From the appropriation under s. 20.455 (5) (es), the department of justice shall in each fiscal year provide $250,000 to the Wisconsin Court Appointed Special Advocate Association. (2) Annually, the Wisconsin Court Appointed Special Advocate Association shall submit to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) a report describing the use of the funds received under sub. (1).

Wis. Stat. § 165.981 Grants for data-sharing platforms for law enforcement

(1) In this section, “law enforcement agency” has the meaning given in s. 165.98 (1). (2) The department of justice shall award grants to law enforcement agencies for the acquisition of a data-sharing platform. (3) A law enforcement agency that receives a grant under sub. (2) shall use the grant funds to acquire a data-sharing platform to which all of the following apply: (a) The platform is able to integrate data from common law enforcement systems on a real-time basis. (b) The platform is able to identify and eliminate redundant records in law enforcement systems. (c) The platform is able to provide advanced, configurable search, analytics, and visualization capabilities that support common mission needs for law enforcement. (d) The platform allows law enforcement agencies to appropriately restrict access to information by data type, organization, roles, responsibilities, individual investigations, and other parameters. (e) The platform allows for secure, permission-controlled data integration and sharing among participating law enforcement agencies. (f) The platform is able to be accessed on various devices commonly used by law enforcement agencies. (g) The platform has a demonstrated record of meeting or exceeding similar mission needs and the ability to reach full operational capability within 90 days of initiation. (h) The platform allows for integration with existing law enforcement agency identity and access management solutions, such as single-sign-on and multifactor authentication. (i) The platform is hosted in a secure environment that is compliant with Criminal Justice Information Services standards and that can scale to accommodate volume and velocity of law enforcement data needs. (j) The platform is able to provide granular audit logging for all user interactions with data. (k) The platform is able to provide an open, interoperable architecture and business terms that ensure the law enforcement agency retains all rights to agency data. (4) No grants may be awarded under this section after June 30, 2027.

Wis. Stat. § 165.982 Weed and seed project grants

(1) The department of justice may award grants from the appropriation under s. 20.455 (2) (dg) to any eligible city whose plan for the expenditure of funds is approved. The grant shall be used to carry out a comprehensive, multi-agency “weed and seed” project to restore safety and vitality to a targeted neighborhood that suffers from high levels of violent and drug-related crime. The grant moneys that a city receives under this section may not supplant existing local resources. A plan submitted for approval shall specify a strategy to achieve the goals of the grant and must include a concerted law enforcement effort to curb drug trafficking and related crime, a decentralized law enforcement and crime prevention effort in a targeted neighborhood, and a coordinated, community-based effort to strengthen the neighborhood’s social base and revitalize the neighborhood. The department of justice, with the concurrence of the department of health services, shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, for use in awarding grants under this section. The department of justice and department of health services shall jointly review any proposed plan and approve those plans that meet the criteria. (2) To be eligible for the grant, a plan shall include all of the following: (a) Oversight of the project by the mayor’s office or by a steering committee appointed by the mayor. (b) Written support by the chief of police and the superintendent of the school district. (c) A law enforcement coordinating committee and a neighborhood revitalization coordinating committee to plan and implement project activities. (3) The proposed site for the use of a grant shall be an identifiable neighborhood with high violent crime and drug arrest rates. The neighborhood shall have experience in neighborhood planning and organizing or, in lieu thereof, evidence shall be provided that such planning and organizing efforts would be supported by, and would be effective in, the neighborhood. (4) Grant recipients shall provide a 25 percent match in funds or in-kind services. Grants shall be awarded for 3-year periods. (5) The department of justice and the department of health services shall provide training and technical assistance to grant recipients. Both departments shall work with the steering committees and coordinating committees of the projects and participate in planning and implementing project initiatives as appropriate. (6) A city shall submit a proposed plan for a grant under this section so that the plan is received by the department of justice on or before July 15, 1994.

Wis. Stat. § 165.983 Law enforcement technology grants

The department of justice shall establish policies and procedures for the distribution of grants from the appropriation under s. 20.455 (2) (dg) to law enforcement agencies in cities with high levels of violent and drug-related crime to acquire law enforcement technology. Notwithstanding s. 227.10 (1), the department need not promulgate the required policies and procedures as rules under ch. 227. A law enforcement agency receiving a grant under this section shall provide matching funds equal to 50 percent of the grant awarded. The grant shall be used to acquire technology that is innovative to the applicant law enforcement agency and consistent with the technology, resources and operational procedures of the applicant law enforcement agency. A grant may not be used for the expansion or replacement of existing equipment or facilities. A law enforcement agency may apply to the department for a grant under this section and shall include a proposed plan of expenditure of the grant moneys. The department shall review each application and plan and may provide a grant to an eligible law enforcement agency.

Wis. Stat. § 165.984 Law enforcement drug trafficking response grants

(1) In this section: (a) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e). (b) “Wisconsin law enforcement agency” means a governmental unit of one or more persons employed full time by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority, and includes a task force administered by the department of justice that exists to respond to drug crimes. (2) The department of justice shall establish policies and procedures for the distribution of grants from the appropriation under s. 20.455 (2) (cm) to Wisconsin law enforcement agencies and tribal law enforcement agencies to fund law enforcement response to drug trafficking. Notwithstanding s. 227.10 (1), the department need not promulgate the required policies and procedures as rules under ch. 227. (3) A Wisconsin law enforcement agency or tribal law enforcement agency may apply to the department of justice for a grant under this section and shall include a proposed plan of expenditure of the grant money. The proposed plan of expenditure shall specify a new program or purpose for which the funds will be used. If the proposed plan of expenditure will result in the agency incurring an ongoing expense that will continue after all grant funds have been spent, the plan shall include a description of how that expense will be met when there are no remaining grant funds. (4) The department of justice shall review each application and plan and may provide grants to an eligible Wisconsin law enforcement agency or tribal law enforcement agency of not more than $50,000 per application and plan and not more than $100,000 per agency. A grant may be provided only to fund a new program or purpose within the agency and may not be provided to supplement an existing program. (5) A Wisconsin law enforcement agency or tribal law enforcement agency receiving a grant under this section may use the grant to fund extra training for law enforcement officers, the hiring of additional officers to investigate drug trafficking, or any other purpose that is directly related to drug trafficking response and that is not an existing program within the agency at the time the grant is received.

Wis. Stat. § 165.986 Beat patrol officers; grant program

(1) The department of justice shall provide grants from the appropriations under s. 20.455 (2) (bm) and (kb) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation. (2) A city applying to the department of justice for a grant under sub. (1) shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under sub. (1) may be used for salary and fringe benefits only. Except as provided in sub. (3), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties. (3) During the first 6 months of the first year of a grant under sub. (1), a city may, with the approval of the department, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling. A city may submit a request to the department for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year’s grant for overtime costs, the city shall provide the department with all of the following: (a) The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime. (b) The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties. (c) Documentation that a sufficient amount of the grant for the first year will be available, during the period remaining after the payment of overtime costs, to pay the salary and fringe benefits of the same number of uniformed officers whose primary duty is beat patrolling that the grant originally planned to pay. (4) The department shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, for use in determining the amount to grant to cities under sub. (1). The department may not award an annual grant under sub. (1) in excess of $150,000 to any city. The department shall review any application and plan submitted under sub. (2) to determine if that application and plan meet the requirements of this section. The grant that a city receives under sub. (1) may not supplant existing local resources. (5) A city may receive a grant under sub. (1) for 3 consecutive years without submitting a new application each year. For each year that a city receives a grant under sub. (1), the city shall provide matching funds of at least 25 percent of the amount of the grant. (6) The department may make grants under sub. (1) to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for the grants shall be determined and allocations made as provided in this section. (7) From the appropriation under s. 20.455 (2) (jc), the department shall make grants in amounts determined by the department to cities with a population of 25,000 or more to reimburse overtime costs for uniformed law enforcement officers whose primary duty is beat patrolling, except that the department may award no more than $400,000 to a city for a calendar year. The grants may be used for salary and fringe benefits only. The grants may be awarded only to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation. A city may receive a grant for a calendar year if the city applies before September 1 of the preceding calendar year and provides the department all of the following: (a) The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime. (b) The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties. (c) A proposed plan of expenditure of the grant moneys.

Wis. Stat. § 165.987 Youth diversion programs; grant program

(1) From the appropriation under s. 20.455 (2) (kj), the department of justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 750,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer. (2) From the appropriation under s. 20.455 (2) (k), the department of justice may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization’s youth diversion program. (3) From the appropriation under s. 20.455 (2) (kj) the department of justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.455 (2) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization’s youth diversion program. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

Wis. Stat. § 165.989 Community-oriented policing-house grant program

The department of justice shall award grants to cities with a population of 30,000 or more to fund community-oriented policing-house programs. The department of justice shall use the following criteria in awarding grants under this section: (1) The ability to maximize grant resources to serve the greatest number of people and the greatest number of cities. (2) The city’s plan to integrate the community-oriented policing house into the fabric of the community and the neighborhood. (3) The future ability to use the community-oriented policing house for multiple purposes, including building relationships between law enforcement and the community and connecting residents of the neighborhood to community supports. (4) The ability for community organizations, government agencies, faith-based organizations, and other nonprofit entities to use the community-oriented policing house once it is established.

Wis. Stat. § 165.8285 Transaction information for management of enforcement system; department of corrections records

(1) The department of justice shall, through the transaction information for management of enforcement system, provide local law enforcement agencies with access to the registry of sex offenders maintained by the department of corrections under s. 301.45. (2) The department of justice shall provide the department of corrections with access to the transaction information for management of enforcement system administrative message process. (3) Beginning on July 9, 1996, the department of justice and the department of corrections shall cooperate in using the transaction information for management of enforcement system, and in developing or using any other computerized or direct electronic data transfer system, in anticipation of the transfer of the sex offender registry from the department of justice to the department of corrections under 1995 Wisconsin Act 440 and for the purpose of providing access to or disseminating information from the sex offender registry under s. 301.45.

Wis. Stat. § 165.8287 Transaction information for management of enforcement system; department of transportation photographs

(1) In this section: (a) “Administration of criminal justice” has the meaning given in 28 CFR 20.3 (b). (b) “Federal law enforcement agency” has the meaning given in s. 343.237 (1) (ag). (c) “Law enforcement agency of another state” has the meaning given in s. 343.237 (1) (ar). (d) “Wisconsin law enforcement agency” has the meaning given in s. 175.46 (1) (f). (2) Upon electronic request, the department of transportation shall make available to the department of justice, in a digital format, any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4) that is maintained by the department of transportation. Updated photographs shall be available to the department of justice within 30 days of photograph capture. (3) (a) The department of justice shall, through the transaction information for the management of enforcement system or another similar system operated by the department of justice, provide Wisconsin law enforcement agencies, federal law enforcement agencies, and law enforcement agencies of other states with electronic access to any photograph specified in sub. (2) for the administration of criminal justice and for traffic enforcement. Access to these photographs shall be available electronically if the law enforcement agency submits an electronic request bearing an electronic certification or other indicator of authenticity. For an electronic request made by a law enforcement agency of another state, the electronic certification or other indicator of authenticity shall include an electronic signature or verification of the agency making the request and a certification that the request is made for the purpose of administration of criminal justice or traffic enforcement. (b) Any photograph electronically available under this subsection shall contain the notation: “This photograph is subject to the requirements and restrictions of section 165.8287 of the Wisconsin Statutes. The photograph shall not be used for any purpose other than the administration of criminal justice or traffic enforcement. Secondary dissemination is prohibited and the photograph shall be destroyed when no longer necessary for the purpose requested. The photograph shall not be used as part of a photo lineup or photo array.” (c) The provisions of s. 343.237 (5), (8), (9), and (10) shall apply to any photograph obtained electronically by a law enforcement agency under this subsection. Any photograph obtained electronically by a law enforcement agency under this subsection may not be used for a photo lineup or photo array. For purposes of this paragraph, any photograph obtained electronically by a law enforcement agency under this subsection shall be considered a copy of a photograph obtained under s. 343.237 (3) or (4) with respect to s. 343.237 (5), (8), (9), and (10). (d) The department of justice shall maintain a record, which may be electronic, of each request by a law enforcement agency for a photograph under this subsection and of the response to the request. Except as provided in s. 343.237 (9), the department of justice may not disclose any record or other information concerning or relating to the request to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, the applicant under s. 343.14 (3) or 343.50 (4), or, if the applicant is under 18 years of age, his or her parent or guardian. Records maintained under this paragraph shall be maintained for at least 12 months. (e) The department of justice and the department of transportation shall ensure that, upon submission by law enforcement agencies of electronic requests meeting the requirements under this subsection, access to photographs under this subsection is promptly available to these requesting agencies.

Source: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/statutes/statutes/165Fetched: 10/7/2026