165.81(3)(c)2.b.
b. Submits a written request for retention of the evidence to the department.
165.81(3)(c)3.
3. No other provision of federal or state law requires the department to retain the evidence.
165.81(3)(d)
(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.
165.81(3)(e)
(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.
165.81(3)(f)
(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.
165.82
165.82
Criminal history search fee. 165.82(1)
(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:
165.82(1)(a)
(a) For each record check, except a fingerprint card record check, requested by a nonprofit organization, $2.
165.82(1)(ag)
(ag) For each record check, except a fingerprint card record check, requested by a governmental agency, $5.
165.82(1)(ar)
(ar) For each fingerprint card record check requested by a governmental agency or nonprofit organization, $15.
165.82(1)(b)
(b) For each record check by any other requester, $13.
165.82(1m)
(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).
165.82(2)
(2) Except as provided in
s. 175.35, the department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.
165.825
165.825
Information link; department of health services. The department of justice shall cooperate with the departments of regulation and licensing and health services in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.
165.825 History
History: 1997 a. 27;
2007 a. 20 s.
9121 (6) (a).
165.827
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).
165.828
165.828
Transaction information for management of enforcement system; access plan. The department of justice shall submit to the joint committee on finance a resource allocation plan that sets limits and priorities for access to the transaction information for management of enforcement system if the average daily message volume for any 3-month period exceeds 100,000.
165.828 History
History: 1991 a. 39.
165.8285
165.8285
Transaction information for management of enforcement system; department of corrections records. 165.8285(1)(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.
165.8285(2)
(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.
165.8285(3)
(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.
165.8285 History
History: 1995 a. 440.
165.83
165.83
Criminal identification, records and statistics. 165.83(1)(b)
(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.
165.83(1)(c)1.
1. An act that is committed by a person who has attained the age of 17 and that is a felony or a misdemeanor.
165.83(1)(c)2.
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.
165.83(1)(c)3.
3. An act that is committed by any person and that is a violation of a city, county, village or town ordinance.
165.83(1)(e)
(e) "Tribal law enforcement agency" means any of the following:
165.83(1)(e)1.
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.
165.83(1)(e)2.
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.
165.83(2)(a)
(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:
165.83(2)(a)1.
1. For an offense which is a felony or which would be a felony if committed by an adult.
165.83(2)(a)2.
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.
165.83(2)(a)3.
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.
165.83(2)(a)5.
5. For any other offense designated by the attorney general.
165.83(2)(b)
(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).
165.83(2)(c)
(c) Obtain and file fingerprints and other available identifying data on unidentified human corpses found in this state.
165.83(2)(d)
(d) Obtain and file information relating to identifiable stolen or lost property.
165.83(2)(e)
(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. 800.03 (4) 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.
165.83(2)(f)
(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.
165.83(2)(g)
(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.
165.83(2)(h)
(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).
165.83(2)(i)
(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.
165.83(2)(j)
(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.
165.83(2)(k)
(k) Make available all statistical information obtained to the governor and the legislature.
165.83(2)(m)
(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.
165.83(2)(n)
(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.
165.83(2)(p)
(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.
165.83 Note
NOTE: 1993 Wis. Act 407, which creates sub. (1) (d) to (g) and amends sub. (2), contains extensive explanatory notes.
165.83 Annotation
Pursuant to sub. (2), identification records should be made by local law enforcement agencies of juveniles arrested or taken into custody for confidential reporting to the department of justice. 62 Atty. Gen. 45.
165.84
165.84
Cooperation in criminal identification, records and statistics. 165.84(1)(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 returned upon request.
165.84(2)
(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.
165.84(3)
(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.
165.84(4)
(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.
165.84(5)
(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).
165.84(6)
(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.
165.85
165.85
Law enforcement standards board. 165.85(1)
(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.
165.85(2)(ah)
(ah) "Board" means the law enforcement standards board.
165.85(2)(bg)
(bg) "Jail" means a county jail, rehabilitation facility established by
s. 59.53 (8) or county house of correction under
s. 303.16.
165.85(2)(bn)
(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.
165.85(2)(bt)
(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.
165.85(2)(c)
(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 to enforce.
165.85(2)(d)
(d) "Political subdivision" means counties, cities, villages, towns, town sanitary districts and public inland lake protection and rehabilitation districts.
165.85(2)(g)
(g) "Tribal law enforcement officer" means any of the following:
165.85(2)(g)1.
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.
165.85(2)(g)2.
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.
165.85(3)(a)
(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 and tribal law enforcement agencies in this state.
165.85(3)(b)
(b) Establish minimum educational and training standards for admission to employment as a law enforcement or tribal law enforcement officer in permanent positions and in temporary, probationary or part-time status. Educational and training standards for tribal law enforcement officers under this paragraph shall be identical to standards for other law enforcement officers.
