165.957(4) (4)Each frequent sobriety testing program shall meet all of the following criteria:
165.957(4)(a) (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:
165.957(4)(a)1. 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), 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), probation, release to parole, or release to extended supervision.
165.957(4)(a)2. 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), 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), 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.
165.957(4)(b)1.1. 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.
165.957(4)(b)2. 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.
165.957(4)(b)2m. 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.
165.957(4)(c) (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), probation or deferred prosecution, or of his or her release to parole or extended supervision.
165.957(4)(d) (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.
165.957(5) (5)
165.957(5)(a)(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).
165.957(5)(b) (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).
165.957(6) (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:
165.957(6)(a) (a) The number of participants in the program.
165.957(6)(b) (b) The costs associated with the program.
165.957(6)(c) (c) The failure or dropout rate of participants.
165.957(6)(d) (d) Other information requested by the department of justice.
165.957(7) (7)
165.957(7)(a)(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.
165.957(7)(b) (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:
165.957(7)(b)1. 1. A list of counties designated under sub. (2) that established a frequent sobriety testing program.
165.957(7)(b)2. 2. The number of participants in each county's frequent sobriety testing program.
165.957(7)(b)3. 3. A description of each county's frequent sobriety testing program.
165.957(7)(b)4. 4. The recidivism rates for participants in each county's frequent sobriety testing program.
165.957(7)(c) (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.
165.957(8) (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.
165.957(9) (9)This section does not apply after June 30, 2021.
165.957 History History: 2015 a. 55, 389.
165.96 165.96 Child advocacy grants. Beginning in fiscal year 2011-2012, from the appropriation under s. 20.455 (5) (ke), the department of justice shall in each fiscal year provide $17,000 to each of the following child advocacy centers for education, training, medical advice, and quality assurance activities:
165.96(1) (1)Care House in Rock County.
165.96(2) (2)Child Protection Center in Milwaukee County.
165.96(3) (3)Safe Harbor in Dane County.
165.96(4) (4)Kenosha Child Advocacy Center in Kenosha County.
165.96(5) (5)Fox Valley Child Advocacy Center in Winnebago County.
165.96(6) (6)Stepping Stones in La Crosse County.
165.96(7) (7)CARE Center in Waukesha County.
165.96(8) (8)Child Advocacy Center of Northeastern Wisconsin in Marathon County.
165.96(9) (9)Chippewa County Child Advocacy Center in Chippewa County.
165.96(10) (10)A child advocacy center in Brown County.
165.96(11) (11)A child advocacy center in Racine County.
165.96(12) (12)A child advocacy center in Walworth County.
165.96(13) (13)CHAT Room in Green County.
165.96(14) (14)Marshfield Child Advocacy Center in Wood County.
165.96 History History: 2013 a. 20 s. 179; Stats. 2013 s. 165.96.
165.967 165.967 Court appointed special advocates; grants.
165.967(1)(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.
165.967 Note NOTE: Sub. (1) is shown as renumbered from s. 165.967 and amended by 2017 Wis. Act 255. Prior to the enactment of 2017 Act 255, 2015 Wis. Act 55, sections 3513gb and 9426 (1q), as affected by 2017 Wis. Act 59, sections 2265p and 9428 (1r) (b), provided for the repeal of s. 165.967 effective July 1, 2019. 2017 Wis. Act 255 renumbered s. 165.967 to s. 165.967 (1) and amended it, created s. 165.967 (2), and repealed the delayed effective date for the repeal of s. 165.967, but Act 255 did not repeal 2015 Wis. Act 55, section 3513gb, the repeal of s. 165.967.
165.967(2) (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).
165.967 History History: 2015 a. 55; 2017 a. 59 ss. 2265, 9428 (1r) (b); 2017 a. 255.
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 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.
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 percent match in funds or in-kind services. Grants shall be awarded for 3-year periods.
165.982(5) (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.
165.982(6) (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.
165.982 History History: 1993 a. 193; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a).
165.983 165.983 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.
165.983 History History: 1993 a. 193.
165.984 165.984 Law enforcement drug trafficking response grants.
165.984(1)(1)In this section:
165.984(1)(a) (a) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e).
165.984(1)(b) (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.
165.984(2) (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.
165.984(3) (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.
165.984(4) (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.
165.984(5) (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.
165.984 History History: 2017 a. 261.
165.986 165.986 Beat patrol officers; grant program.
165.986(1)(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.
165.986(2) (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.
165.986(3) (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:
165.986(3)(a) (a) The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime.
165.986(3)(b) (b) The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties.
165.986(3)(c) (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.
165.986(4) (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.
165.986(5) (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.
165.986(6) (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.
165.986(7) (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:
165.986(7)(a) (a) The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime.
165.986(7)(b) (b) The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties.
165.986(7)(c) (c) A proposed plan of expenditure of the grant moneys.
165.986 History History: 2013 a. 20 ss. 174, 1946; Stats. 2013 s. 165.986; 2017 a. 59; 2017 a. 364 s. 49; 2019 a. 9.
165.987 165.987 Youth diversion programs; grant program.
165.987(1)(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.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 50 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on December 6, 2019. Published and certified under s. 35.18. Changes effective after December 6, 2019, are designated by NOTES. (Published 12-6-19)