165.87(1)(br)
(br) One one-hundred-tenth of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under and utilized in accordance with
s. 20.550 (1) (j).
165.87(1)(c)
(c) Of the balance of the moneys collected from penalty assessments under this section, 62.2% shall be credited to the appropriation account under
s. 20.255 (2) (g) and the remainder shall be credited to the appropriation account under
s. 20.255 (1) (hr).
165.87(2)(a)(a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of
s. 101.123 (2) (a),
(am) 1. or
(bm) or
(5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under
s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount of 23% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.
165.87(2)(b)
(b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2.
165.87(2)(c)
(c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, 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 state treasurer as provided in
s. 66.12 (1) (b).
165.87(2)(d)
(d) If any deposit of bail is made for a noncriminal offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in this section for forfeited bail. If bail is forfeited, the amount of the assessment shall be transmitted monthly to the state treasurer under this section. If bail is returned, the assessment shall also be returned.
165.87 History
History: 1977 c. 29,
418;
1979 c. 331;
1981 c. 20;
1983 a. 27;
1987 a. 27,
326;
1989 a. 22,
31,
56,
97,
359;
1991 a. 26,
39,
130;
1993 a. 16,
313;
1995 a. 27,
201;
1997 a. 27,
36,
252.
165.87 Annotation
As used in 165.87 (2) the words "nonmoving traffic violations" apply only to violations of ordinances adopted under ss. 349.13 and 349.14 and violations of ss. 346.50 through 346.55. 66 Atty. Gen. 308.
165.90
165.90
County-tribal law enforcement programs. 165.90(1)(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.
165.90(2)
(2) The joint program plan shall identify all of the following:
165.90(2)(a)
(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.
165.90(2)(b)
(b) The program's need for funding under this section and the amount of funding requested.
165.90(2)(c)
(c) The governmental unit that shall administer aid received and the method by which aid shall be disbursed.
165.90(2)(d)
(d) The types of law enforcement services to be performed on the reservation and the persons who shall perform those services.
165.90(2)(e)
(e) The person who shall exercise daily supervision and control over law enforcement officers participating in the program.
165.90(2)(f)
(f) The method by which county and tribal input into program planning and implementation shall be assured.
165.90(2)(g)
(g) The program's policies regarding deputization, training and insurance of law enforcement officers.
165.90(2)(h)
(h) The record-keeping procedures and types of data to be collected by the program.
165.90(2)(i)
(i) Any other information required by the department or deemed relevant by the county and tribe submitting the plan.
165.90(3)
(3) Upon request, the department shall provide technical assistance to a county and tribe in formulating a joint program plan.
165.90(3m)
(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:
165.90(3m)(a)
(a) The population of the reservation area to be served by the program.
165.90(3m)(b)
(b) The complexity of the law enforcement problems that the program proposes to address.
165.90(3m)(c)
(c) The range of services that the program proposes to provide.
165.90(4)
(4) If the department approves a plan, the department shall certify the program as eligible to receive aid under
s. 20.455 (2) (d) and
(hn). Prior to January 15, of the year for which funding is sought, the department shall distribute from the appropriations under
s. 20.455 (2) (d) and
(hn) to each eligible program the amount necessary to implement the plan, subject to the following limitations:
165.90(4)(b)
(b) A program shall, prior to the receipt of funds under
s. 20.455 (2) (d) or
(hn) 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.
165.90(5)
(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:
165.90(5)(a)
(a) The chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2).
165.92
165.92
Tribal law enforcement officers; powers and duties. 165.92(1)(a)
(a) "Reservation lands" means all lands within the exterior boundaries of an Indian reservation in this state.
165.92(1)(b)
(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.
165.92(1)(c)
(c) "Tribe" means a federally recognized Indian tribe or band in this state.
165.92(1)(d)
(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.
165.92(2)(a)(a) A tribal law enforcement officer who meets the requirements of
s. 165.85 (4) (b) 1.,
(bn) 1. and
(c) 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).
165.92(2)(b)
(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.
165.92(2)(c)
(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.
165.92(3)(a)(a) 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 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) (a).
165.92(3)(b)1.1. No tribal law enforcement officer may exercise or perform the powers or duties described under
sub. (2) (a) unless the governing body of the tribe that employs the officer adopts and has in effect a resolution under this paragraph. Except as provided in
subd. 2., a resolution under this paragraph shall include 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
par. (a).
165.92(3)(b)2.
2. A resolution that does not include the statement required in
subd. 1. shall meet the requirements of this paragraph if the department of justice determines that the resolution will reasonably allow the enforcement in the courts of this state of the tribe's liability under
par. (a).
165.92(4)
(4) Deputization by sheriff. Nothing in this section limits the authority of a county sheriff to depute a tribal law enforcement officer under
s. 59.26 (5), 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).
165.92 History
History: 1993 a. 407;
1995 a. 201.
165.92 Note
NOTE: 1993 Wis. Act 407, which creates this section, contains extensive explanatory notes.
165.93
165.93
Sexual assault victim services; grants. 165.93(1)(a)
(a) "Department" means the department of justice.
165.93(1)(e)
(e) "Victim" means an individual who has been sexually assaulted, regardless of whether the sexual assault has been reported to any governmental agency.
165.93(2)(a)(a) Beginning on January 1, 1995, the department shall provide grants to eligible organizations from the appropriation under
s. 20.455 (5) (gc) to provide services for sexual assault victims.
165.93(2)(b)
(b) An organization is eligible to apply for and receive a grant under this section if the organization meets all of the following criteria:
165.93(2)(b)1.
1. The organization is a nonprofit corporation or a public agency.
165.93(2)(b)2.
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:
165.93(2)(b)2.b.
b. Crisis telephone line services on a 24 hours per day and 7 days per week basis.
165.93(2)(b)2.c.
c. Professional education about intervention for sexual assault victims and community education programs for the prevention of sexual assault.
165.93(2)(b)2.d.
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.
165.93(2)(b)3.
3. The organization does not receive more than 70% of its operating budget from grants under this section.
165.93(2)(b)4.
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.
165.93(2)(c)
(c) Whenever the department reviews applications for grants under this section, the department shall consider all of the following:
165.93(2)(c)1.
1. The need for sexual assault victim services in the community in which the applicant provides services or proposes to provide services.
165.93(2)(c)2.
2. The degree to which the applicant's services or proposed services are coordinated with other resources in the community and state.
165.93(2)(c)4.
4. The needs of existing and proposed programs and services.
165.93(3)
(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:
165.93(3)(a)
(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.
165.93(3)(b)
(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.
165.93(3)(c)
(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.
165.93 History
History: 1993 a. 16,
227;
1995 a. 225.
165.982
165.982
Weed and seed project grants. 165.982(1)
(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 and family 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 and family services shall jointly review any proposed plan and approve those plans that meet the criteria.
165.982(2)
(2) To be eligible for the grant, a plan shall include all of the following:
165.982(2)(a)
(a) Oversight of the project by the mayor's office or by a steering committee appointed by the mayor.
165.982(2)(b)
(b) Written support by the chief of police and the superintendent of the school district.
165.982(2)(c)
(c) A law enforcement coordinating committee and a neighborhood revitalization coordinating committee to plan and implement project activities.
165.982(3)
(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.
165.982(4)
(4) Grant recipients shall provide a 25% match in funds or in-kind services. Grants shall be awarded for 3-year periods.
