To have district attorneys make a reasonable attempt to notify the victim under s. 971.17 (4m)
regarding conditional releases under s. 971.17
To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4)
regarding community residential confinements, under s. 301.048 (4m)
regarding participation in the intensive sanctions program, under s. 301.38
regarding escapes from a Type 1 prison, under s. 301.46 (3)
regarding persons registered under s. 301.45
, under s. 302.105
regarding release upon expiration of certain sentences, under s. 304.063
regarding extended supervision and parole releases, and under s. 938.51
regarding release or escape of a juvenile from correctional custody.
To have the appropriate clerk of court send the victim a copy of an inmate's petition for extended supervision and notification of the hearing on that petition under s. 302.114 (6)
To have the department of corrections make a reasonable attempt to notify the victim under s. 303.068 (4m)
regarding leave granted to qualified inmates under s. 303.068
To have the department of health services make a reasonable attempt to notify the victim under s. 980.11
regarding supervised release under s. 980.08
and discharge under s. 980.09 (4)
To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07 (2)
for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07 (4)
To have the governor make a reasonable attempt to notify the victim of a pardon application, as provided under s. 304.09 (2)
To request information from a district attorney concerning the disposition of a case involving a crime of which he or she was a victim, as provided under s. 971.095 (6)
To complain to the department of justice concerning the treatment of crime victims, as provided under s. 950.08 (3)
, and to request review by the crime victims rights board of the complaint, as provided under s. 950.09 (2)
(2w) Rights of witnesses.
Witnesses of crimes have the following rights:
To request information from the district attorney about the final disposition of the case.
To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled, in order to save the person an unnecessary trip to court.
To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available.
To be informed of financial assistance and other social services available as a result of being a witness of a crime, including information on how to apply for the assistance and services.
To not have his or her personal identifiers, as defined in s. 85.103 (1)
and including an electronic mail address, used or disclosed by a public official, employee, or agency for a purpose that is unrelated to the official responsibilities of the official, employee, or agency.
To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled.
To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.
To be provided with appropriate intercession services to ensure that employers of witnesses will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances.
To be entitled to a speedy disposition of the case in which they are involved as a witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter.
History: 1979 c. 219
; 1983 a. 102
; 1985 a. 311
; 1987 a. 332
; 1989 a. 31
; 1997 a. 181
; 1999 a. 9
; 2001 a. 16
; 2003 a. 224
; 2005 a. 155
; 2007 a. 20
, 9121 (6) (a)
; 2007 a. 97
; 2009 a. 28
; 2011 a. 38
; 2013 a. 338
A sentencing court does not abuse its discretion by considering a victim's statements and recommendations. State v. Johnson, 158 Wis. 2d 458
, 463 N.W.2d 352
(Ct. App. 1990).
Child victims and witnesses; rights and services. 950.055(1)(1)
The legislature finds that it is necessary to provide child victims and witnesses with additional consideration and different treatment than that usually afforded to adults. The legislature intends, in this section, to provide these children with additional rights and protections during their involvement with the criminal justice or juvenile justice system. The legislature urges the news media to use restraint in revealing the identity of child victims or witnesses, especially in sensitive cases.
(2) Additional services.
In addition to all rights afforded to victims and witnesses under s. 950.04
and services provided under s. 950.06 (1m)
, counties are encouraged to provide the following additional services on behalf of children who are involved in criminal or delinquency proceedings as victims or witnesses:
Explanations, in language understood by the child, of all legal proceedings in which the child will be involved.
Advice to the judge, when appropriate and as a friend of the court, regarding the child's ability to understand proceedings and questions. The services may include providing assistance in determinations concerning the taking of depositions by audiovisual means under s. 908.08
or 967.04 (7)
and the duty to expedite proceedings under s. 971.105
Advice to the district attorney concerning the ability of a child witness to cooperate with the prosecution and the potential effects of the proceedings on the child.
Information about and referrals to appropriate social services programs to assist the child and the child's family in coping with the emotional impact of the crime and the subsequent proceedings in which the child is involved.
(3) Program responsibility.
In each county, the county board is responsible for the provision of services under this section. A county may seek reimbursement for services provided under this section as part of its program plan submitted to the department under s. 950.06
. To the extent possible, counties shall utilize volunteers and existing public resources for the provision of these services.
See also ch. Jus 12
, Wis. adm. code.
Reimbursement for services. 950.06(1m)
To be eligible for reimbursement under this section for the provision of services to victims and witnesses, a county shall provide all of the following services to victims and witnesses:
Court appearance notification services, including cancellation of appearances.
Victim compensation and social services referrals, including witness fee collection, case-by-case referrals and public information.
Escort and other transportation services related to the investigation or prosecution of the case, if necessary or advisable.
Case progress notification services which may be combined with services under par. (a)
Assistance in providing the court with information pertaining to the economic, physical and psychological effect of the crime upon the victim of a felony.
Family support services, including child and other dependent care services.
The costs of providing services under sub. (1m)
shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriations under s. 20.455 (5) (k)
and, on a semiannual basis, from the appropriation under s. 20.455 (5) (g)
The county board shall provide for the implementation of the county's plan under sub. (4)
. Two or more counties may submit a joint plan under sub. (4)
If the county seeks reimbursement under sub. (2)
, the county board shall submit a program plan to the department for its approval. The county is eligible for reimbursement under sub. (2)
only if the department has approved the plan. The program plan shall describe the level of services to victims and witnesses that the county intends to provide; the personnel or agencies responsible for related administrative programs and individual services; proposed staffing for the program; proposed education, training and experience requirements for program staff and the staff of agencies providing related administrative programs and individual services; the county's budget for implementing the program and other information the department determines to be necessary for its review. The plan shall provide that the district attorney, local law enforcement agencies and the courts shall make available to the person or agency responsible for administering the program all reports or files, except reports or files which are required by statute to be kept confidential, if the reports or files are required by the person or agency to carry out program responsibilities. Each year, the county board shall submit a report to the department on the operation of the plan, including the provision of services under sub. (1m)
The department shall review and approve the implementation and operation of programs and the annual reports under this section. The department may suspend or terminate reimbursement under sub. (2)
if the county fails to comply with its duties under this section. The department shall promulgate rules under ch. 227
for implementing and administering county programs approved under this section.
See also ch. Jus 12
, Wis. adm. code.
The county board, district attorney, local law enforcement agencies, local social service agencies, victim and witness offices and courts shall all cooperate with each other to ensure that victims and witnesses of crimes receive the rights and services to which they are entitled under this chapter.
History: 1979 c. 219
; 1995 a. 310
Information and mediation services. 950.08(1)
Duties of department; toll-free telephone number.
The department shall maintain a toll-free telephone number to provide crime victims and witnesses with all of the following services:
Information and referral to available services.
Assistance in securing resources and protection.
(2) Duties of department; general informational program.
The department shall provide an informational program to inform crime victims, the general public, criminal justice officials and related professionals about crime victim rights and services.
(2g) Information to be provided by law enforcement agencies.
No later than 24 hours after a law enforcement agency has initial contact with a victim of a crime that the law enforcement agency is responsible for investigating, the law enforcement agency shall make a reasonable attempt to provide to the victim written information on all of the following:
The availability of compensation under subch. I of ch. 949
and the address and telephone number at which to contact the department for information concerning compensation under subch. I of ch. 949
The address and telephone number of the custodial agency that the victim may contact to obtain information concerning the taking into custody or arrest of a suspect in connection with the crime of which he or she is a victim.
The address and telephone number of the custodial agency that the victim may contact for information concerning release under s. 938.20
or ch. 969
, whichever is appropriate, of a person arrested or taken into custody for the crime of which he or she is a victim.
Suggested procedures for the victim to follow if he or she is subject to threats or intimidation arising out of his or her cooperation with law enforcement and prosecution efforts relating to a crime of which he or she is a victim.
The address and telephone number at which the victim may contact the department or any local agency that provides victim assistance in order to obtain further information about services available for victims, including medical services.
If the victim is a victim of an officer-involved death, as defined in s. 175.47 (1) (c)
, information about the process by which he or she may file a complaint under s. 968.02
or 968.26 (2)
and about the process of an inquest under s. 979.05
(2r) Information to be provided by a district attorney in criminal cases.
As soon as practicable, but in no event later than 10 days after the initial appearance under s. 970.01
or 24 hours before a preliminary examination under s. 970.03
, whichever is earlier, of a person charged with a crime in a court of criminal jurisdiction, a district attorney shall make a reasonable attempt to provide to each victim of the crime written information on all of the following:
A brief statement of the procedure for prosecuting a crime.
A list of the rights of victims under s. 950.04 (1v)
and information about how to exercise those rights.
The person or agency to notify if the victim changes his or her address and wants to continue to receive notices and services under s. 950.04
or 971.095 (3)
The availability of compensation under subch. I of ch. 949
, including information concerning eligibility for compensation and the procedure for applying for compensation.
The person to contact for further information about a case involving the prosecution of a crime of which he or she is a victim.
(2s) Information concerning juvenile cases.
Notification of a victim of an act committed by a juvenile concerning the rights of victims under ch. 938
shall be provided as specified in s. 938.346
(2w) Information to be provided by district attorneys to schools in criminal cases.
If a criminal complaint is issued under s. 968.02
or if a petition for waiver is granted pursuant to s. 938.18
, and the district attorney reasonably believes the person charged is a pupil enrolled in a school district, a private school, or a charter school established pursuant to 118.40 (2r), the district attorney shall make a reasonable attempt to notify the school board, governing body of the private school, as defined in s. 115.001 (3d)
, or charter school governing body of the charges pending against the pupil. The district attorney shall also notify the school board, governing body of the private school, or charter school governing body of the final disposition of the charges.
(3) Duties of department; mediation.
The department may receive complaints, seek to mediate complaints and, with the consent of the involved parties, actually mediate complaints regarding the treatment of crime victims and witnesses by public officials, employees or agencies or under crime victim and witness assistance programs. The department may act as a liaison between crime victims or witnesses and others when seeking to mediate these complaints and may request a written response regarding the complaint from the subject of a complaint. If asked by the department to provide a written response regarding a complaint, the subject of a complaint shall respond to the department's request within a reasonable time.
Crime victims rights board. 950.09(1)
In this section, "board" means the crime victims rights board.
At the request of one of the involved parties, the board may review a complaint made to the department under s. 950.08 (3)
regarding a violation of the rights of a crime victim. A party may not request the board to review a complaint under this subsection until the department has completed its action on the complaint under s. 950.08 (3)
. In reviewing a complaint under this subsection, the board may not begin any investigation or take any action specified in pars. (a)
until the board first determines that there is probable cause to believe that the subject of the complaint violated the rights of a crime victim. Based on its review of a complaint under this subsection, the board may do any of the following:
Issue private and public reprimands of public officials, employees or agencies that violate the rights of crime victims provided under this chapter, ch. 938
and article I, section 9m, of the Wisconsin constitution
Refer to the judicial commission a violation or alleged violation by a judge of the rights of crime victims provided under this chapter, ch. 938
and article I, section 9m, of the Wisconsin constitution
Seek appropriate equitable relief on behalf of a victim if such relief is necessary to protect the rights of the victim. The board may not seek to appeal, reverse or modify a judgment of conviction or a sentence in a criminal case.
Bring civil actions to assess a forfeiture under s. 950.11
. Notwithstanding s. 778.06
, an action or proposed action authorized under this paragraph may be settled for such sum as may be agreed upon between the parties. In settling actions or proposed actions, the board shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Forfeiture actions brought by the board shall be brought in the circuit court for the county in which the violation is alleged to have occurred.
In addition to its powers under sub. (2)
, the board may issue reports and recommendations concerning the securing and provision of crime victims rights and services.