AB924: Bill Text

LRB-4496/2

PJH:kjf:md

2009 - 2010 LEGISLATURE

2009 Assembly BILL 924

April 2, 2010 - Introduced by Representatives Hraychuck, Turner, Berceau, Kaufert, Spanbauer, Danou and Bies, cosponsored by Senator Taylor. Referred to Committee on Criminal Justice.

AB924,1,7 An Act to amend 29.921 (5), 40.02 (48) (b) 4., 110.07 (1) (a) (intro.), 110.07 (6), 165.85 (1), 165.85 (2) (d), 165.85 (3) (d), 165.85 (4m), 165.85 (5) (title), 165.85 (5) (b), 165.86 (1) (c), 165.92 (2) (a), 175.41 (3) (c), 895.46 (1) (b) 1. and 939.22 (37); to repeal and recreate 165.85 (4) and 165.85 (5) (a); and to create 165.85 (2) (bx), 165.85 (2) (cm), 165.85 (2) (e) and 165.85 (2) (f) of the statutes; relating to: law enforcement standards and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, the Law Enforcement Standards Board (the board) is attached to the Department of Justice. There are 15 members on the board who serve four-year terms and, among other duties, establish minimum educational and training standards for law enforcement officers, tribal law enforcement officers, jail officers, juvenile detention officers, and constables.

This bill separates the training standards into three distinct categories: the standards for law enforcement officers and tribal law enforcement officers; the standards for jail officers; and the standards for juvenile detention officers. Under the bill, constables whose town boards require them to undergo training are subject to the same training standards as law enforcement officers and tribal law enforcement officers.

The bill makes several changes to the training and education standards, including setting forth a training and education protocol for law enforcement students, recruits, and temporary or probationary employees. Under the bill, law enforcement officer and tribal law enforcement officer students are required to submit fingerprints and undergo a criminal background check. Any person who has been convicted of a felony or of a misdemeanor related to domestic violence may not participate in a student training program for becoming a law enforcement officer or a tribal law enforcement officer. Under the bill, under most circumstances a recruit or a temporary or probationary employee must complete his or her training program within the original period of his or her temporary or probationary employment, not to exceed 18 months, except that the board may extend that period if the employer shows good cause for the board to do so.

The bill eliminates specific hour requirements for training and education and allows the board to determine the specific training curricula, including the required subjects, number of hours, objectives, and measures of performance for the training and education protocol for each category of officer. The bill requires the board to include, in different measure for each category of officer, training in cultural differences, mental health and physical health conditions that can affect behavior, and arrest and pursuit procedures. The bill allows the board more flexibility than exists under current law for determining how law enforcement agencies are reimbursed for expenses related to training and educating officers.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB924, s. 1 Section 1. 29.921 (5) of the statutes is amended to read:

AB924,3,10 29.921 (5) Additional arrest powers. In addition to the arrest powers under sub. (1), a warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) 1. (a) 1. and has complied with any applicable requirements under s. 165.85 (4) (bn) 1. (a) 6. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the warden makes an arrest without the presence of another law enforcement agency, the warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The warden shall be available as a witness for the state. A warden may not conduct investigations for violations of state law except as authorized in ss. 23.11 (4), 29.924 (1) and 41.41 (12). A warden acting under the authority of this subsection is considered an employee of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.

AB924, s. 2 Section 2. 40.02 (48) (b) 4. of the statutes is amended to read:

AB924,3,16 40.02 (48) (b) 4. A "member of the state traffic patrol" includes one division administrator in the department of transportation who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol, if the division administrator is certified by the law enforcement standards board under s. 165.85 (4) (b) 1. (a) 1. as being qualified to be a law enforcement officer.

AB924, s. 3 Section 3. 110.07 (1) (a) (intro.) of the statutes is amended to read:

AB924,3,24 110.07 (1) (a) (intro.) The secretary shall employ not more than 399 traffic officers. The state traffic patrol consists of the traffic officers, the person designated to head them whose position shall be in the classified service and, if certified under s. 165.85 (4) (b) 1. (a) 1. as qualified to be a law enforcement officer, the division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol. The division administrator may not be counted under this paragraph. Members of the state traffic patrol shall:

AB924, s. 4 Section 4. 110.07 (6) of the statutes is amended to read:

AB924,4,4 110.07 (6) The division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol shall be designated superintendent of the state traffic patrol, if he or she is certified under s. 165.85 (4) (b) 1. (a) 1. as qualified to be a law enforcement officer.

AB924, s. 5 Section 5. 165.85 (1) of the statutes is amended to read:

AB924,4,14 165.85 (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 , specialized, or probationary capacity, and persons already in regular service.

AB924, s. 6 Section 6. 165.85 (2) (bx) of the statutes is created to read:

AB924,4,20 165.85 (2) (bx) "Law enforcement instructor" means an instructor who is required 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.

AB924, s. 7 Section 7. 165.85 (2) (cm) of the statutes is created to read:

AB924,4,22 165.85 (2) (cm) "Police pursuit" has the meaning given in s. 85.07 (8) (a).

AB924, s. 8 Section 8. 165.85 (2) (d) of the statutes is amended to read:

AB924,5,3 165.85 (2) (d) "Political subdivision" means counties, cities, villages, towns, town sanitary districts and, public inland lake protection and rehabilitation districts, and technical college districts.

AB924, s. 9 Section 9. 165.85 (2) (e) of the statutes is created to read:

AB924,5,8 165.85 (2) (e) "Preservice student" means any person who meets the minimum recruitment qualifications set by the board and who enrolls in preparatory training prior to employment as a law enforcement officer, tribal law enforcement officer, jail officer, or juvenile detention officer.

AB924, s. 10 Section 10. 165.85 (2) (f) of the statutes is created to read:

AB924,5,13 165.85 (2) (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.

AB924, s. 11 Section 11. 165.85 (3) (d) of the statutes is amended to read:

AB924,6,8 165.85 (3) (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, 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 13-member advisory curriculum advisory committee consisting of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis of not more than one chief of police and one sheriff from any one of the 8 state administrative districts together with the director of training of the Wisconsin state patrol. This committee shall advise the board in the establishment of the curriculum requirements.

AB924, s. 12 Section 12. 165.85 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed and recreated to read:

AB924,6,23 165.85 (4) Required standards. (a) Law enforcement and tribal law enforcement officers. 1. The board shall by rule establish program outcomes for a preparatory program of law enforcement and tribal law enforcement officer training. Specifics of the training curriculum, including the total number of hours, competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject may 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 rules 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. The training program shall include all of the following:

AB924,7,3 a. Training to enable the person being trained to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims.

AB924,7,10 b. Training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.135, and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements, and locating appropriate facilities for the emergency detentions and emergency protective placements of persons.

AB924,7,14 c. Training on mental health and medically significant behavior, including at least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias.

AB924,7,16 d. Training on police pursuit standards, guidelines, and driving techniques established under par. (d).

AB924,7,23 e. Training concerning cultural diversity, including sensitivity toward racial and ethnic differences. The training shall be designed to prevent the use of race, racial profiling, racial stereotyping, or other race-based discrimination or selection as a basis for detaining, searching, or arresting a person or for otherwise treating a person differently from persons of other races and shall emphasize the fact that the primary purposes of enforcement of traffic regulations are safety and equal and uniform enforcement under the law.

AB924,8,16 2. Except as provided in subd. 7., no person may be employed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person satisfactorily completes the program established under subd. 1. A recruit who has not satisfactorily completed the program established under subd. 1. may perform the duties of a law enforcement or tribal law enforcement officer only under the oversight of a certified law enforcement or tribal law enforcement officer. Upon successful completion of the program established under subd. 1., a recruit may be certified by the board as a law enforcement or tribal law enforcement officer. In order to be eligible for certification, a recruit must successfully complete the program established under subd. 1. within the original period of his or her temporary or probationary employment that, except as provided in subd. 5. or as otherwise authorized by law, may not exceed 18 months from his or her date of hire. 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.

AB924,8,24 3. 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 submit fingerprints to the department of justice. The department of justice shall verify the identity of the person fingerprinted and obtain records of his or her criminal arrests and convictions in Wisconsin. The department of justice shall submit each set of fingerprints 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.

AB924,9,4 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 may take part in preparatory training unless he or she has been granted an absolute and conditional pardon for the crime.

AB924,9,7 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.

AB924,9,15 6. a. Except as provided in subd. 7., no person may continue as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless that person completes annual recertification training. Any officer elected by popular vote who is also a certified officer must complete annual recertification training to maintain certification. Any officer who is subject to this subdivision shall complete at least 24 hours 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.

AB924,9,19 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 subdivision shall count toward the hours of training required under subd. 6. a.