165.85 History
History: 1973 c. 90,
333;
1975 c. 94 s.
91 (11);
1977 c. 29,
418;
1979 c. 111;
1981 c. 20;
1983 a. 27;
1985 a. 29,
260;
1987 a. 237,
366,
394;
1989 a. 31,
291;
1991 a. 39;
1993 a. 16,
167,
213,
399,
407,
460,
482,
491;
1995 a. 201,
225,
349;
1997 a. 27,
88,
191;
1999 a. 9;
2001 a. 16,
109;
2005 a. 60,
264,
344,
414;
2007 a. 20,
27,
97,
130;
2009 a. 28,
180;
2011 a. 29;
2013 a. 173,
214;
2015 a. 55;
2015 a. 195 s.
83.
165.85 Note
NOTE: 1993 Wis. Act 407, which creates subs. (2) (e) and (4) (f) and amends subs. (1), (3) and (4), contains extensive explanatory notes.
165.85 Cross-reference
Cross-reference: See also ch.
LES 1, Wis. adm. code.
165.85 Annotation
A rule adopted under this section properly barred a nonpardoned felon from holding a police job. Law Enforcement Standards Board v. Lyndon Station,
101 Wis. 2d 472,
305 N.W.2d 89 (1981).
165.85 Annotation
Sub. (4) (b) governs the terms of employment of a probationary sheriff's deputy so that the discipline procedures under s. 59.21 (8) (b) [now s. 59.29 (8) (b)] do not apply and an applicable collective bargaining agreement controls. Hussey v. Outagamie County,
201 Wis. 2d 14,
548 N.W.2d 848 (Ct. App. 1996),
95-2948.
165.85 Annotation
A police officer promoted to sergeant, subject to a one-year period of probation, could not be demoted without a just cause hearing under s. 62.13 (5) (em). An original appointment is on a probationary basis under sub. (4) (b). Once that period has passed, no promotion can be taken away without a hearing under s. 62.13 (5) (em). Antisdel v. City of Oak Creek Police and Fire Commission,
2000 WI 35,
234 Wis. 2d 154,
609 N.W.2d 464,
97-3818.
165.85 Annotation
Sub. (4) (b) 2. does not preclude temporary assignment of uncertified persons to fill in as jail officers when necessary as a result of sickness, vacations, or scheduling conflicts.
78 Atty. Gen. 146.
165.85 Annotation
Chief of police was entitled to hearing meeting due process requirements prior to discharge from office. Jessen v. Village of Lyndon Station,
519 F. Supp. 1183 (1981).
165.85 Annotation
A probationary police officer had no protected property interest in his job. Ratliff v. City of Milwaukee,
608 F. Supp. 1109 (1985).
165.86
165.86
Law enforcement training. The department shall:
165.86(1)(a)(a) Supply the staffing needs of the law enforcement standards board.
165.86(1)(b)
(b) Identify state agencies and political subdivisions that employ law enforcement officers in the state, notify the appropriate officials of the standards of employment and preparatory and recertification training established by the board, and develop appropriate procedures whereby acceptable evidence of compliance with the board's employment and preparatory and recertification training standards may be submitted.
165.86(1)(c)
(c) Identify state agencies and political subdivisions that employ law enforcement officers in the state and notify the appropriate officials of the model law enforcement pursuit standards established by the board under
s. 165.85 (4) (d).
165.86(2)(a)(a) Identify and coordinate all preparatory and recertification training activities in law enforcement in the state, and expand the coordinated program to the extent necessary to supply the training required for all recruits in the state under the preparatory training standards and time limits set by the board and for law enforcement officers, jail officers and juvenile detention officers in this state.
165.86(2)(b)
(b) Organize a program of training, which shall encourage utilization of existing facilities and programs through cooperation with federal, state, and local agencies and institutions presently active in this field. Priority shall be given to the establishment of the statewide preparatory and recertification training programs described in
sub. (1), but the department shall cooperate in the creation and operation of other advanced and special courses, including courses relating to emergency detention of persons under
s. 51.15 and emergency protective placement under
s. 55.135, that meet the curriculum standards recommended by the board. The department may satisfy the requirement for cooperating in the development of special courses relating to emergency detention and emergency protective placement by cooperating with county departments of community programs in the development of these courses under
s. 51.42 (3) (ar) 4. d. The department shall keep appropriate records of all such training courses given in the state and the results thereof in terms of persons attending, agencies represented, and, where applicable, individual grades given.
165.89
165.89
Grants to certain counties for law enforcement programs. 165.89(1)(1) From the appropriation under
s. 20.455 (2) (kq), the department shall provide grants to counties to fund county law enforcement services. The department may make a grant to a county under this section only if all of the following apply:
165.89(1)(a)
(a) The county borders one or more federally recognized Indian reservations.
165.89(1)(b)
(b) The county has not established a cooperative county-tribal law enforcement program under
s. 165.90 with each federally recognized Indian tribe or band that has a reservation bordering the county.
165.89(1)(c)
(c) The county demonstrates a need for the law enforcement services to be funded with the grant.
165.89(1)(d)
(d) The county submits an application for a grant and a proposed plan that shows how the county will use the grant moneys to fund law enforcement services.
165.89(2)
(2) The department shall review an application and plan submitted under
sub. (1) (d) to determine if the application and plan meet the requirements of
sub. (1) (a) to
(c) and the criteria established under
sub. (3). The department may not award an annual grant in excess of $50,000 to any county under this section.
165.89(3)
(3) The department shall develop criteria and procedures for use in administering this section. Notwithstanding
s. 227.10 (1), the criteria and procedures need not be promulgated as rules under
ch. 227.
165.89(4)
(4) Notwithstanding
subs. (1) and
(2) and any criteria and procedures developed under
sub. (3), the department shall allocate $300,000 to Forest County each fiscal year from the appropriation account under
s. 20.455 (2) (kq) to fund law enforcement services.
165.89 History
History: 2005 a. 25 ss.
88b,
2086s; Stats. 2005 s. 165.89.
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 receive and administer aid and the method by which aid shall be disbursed. The joint program plan shall specify that either the tribe or the county shall receive and administer the full amount of the aid or that the tribe and the county each shall receive and administer specified portions of the aid.
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) (kt). Prior to January 15 of the year for which funding is sought, the department shall distribute from the appropriations under
s. 20.455 (2) (kt) to each eligible program the amount necessary to implement the plan. The department shall distribute the aid to the county, the tribe, or both, as specified in the joint program plan. Distribution of aid is subject to the following limitations:
165.90(4)(b)
(b) A program shall, prior to the receipt of funds under
s. 20.455 (2) (kt) 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).
165.91
165.91
Grants to tribes for law enforcement programs. 165.91(1)(1) In this section, “tribe" means a federally recognized American Indian tribe or band in this state.
165.91(2)(a)(a) From the appropriation under
s. 20.455 (2) (kw), the department shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under
par. (b). The department shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.
165.91(2)(b)
(b) The department shall develop criteria and procedures for use in administering this subsection. The department may not consider the grant under s.
165.91 (4), 2011 stats., when determining grant awards under this subsection. Notwithstanding
s. 227.10 (1), the criteria and procedures need not be promulgated as rules under
ch. 227.
165.91 History
History: 2005 a. 25 ss.
87t to
87v,
2088m; Stats. 2005 s. 165.91;
2007 a. 20;
2013 a. 20,
173.
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) (a) 1.,
2., and
7. 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)
(3) Liability. Except as provided in
s. 175.40 (6m) (c) 1. and 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 and omissions 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).
165.92(3m)
(3m) Requirements. No tribal law enforcement officer may exercise or perform the powers or duties described under
sub. (2) (a) unless all of the following apply:
165.92(3m)(a)1.
1. The governing body of the tribe that employs the officer adopts and has in effect a resolution that includes 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
sub. (3) or another resolution that the department of justice determines will reasonably allow the enforcement in the courts of this state of the tribe's liability under
sub. (3).
165.92(3m)(a)2.
2. The tribe or tribal law enforcement agency that employs the officer maintains liability insurance that does all of the following:
165.92(3m)(a)2.b.
b. Has a limit of coverage not less than $2,000,000 for any occurrence.
165.92(3m)(a)2.c.
c. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy.
165.92(3m)(b)
(b) The tribe or tribal law enforcement agency that employs the officer has provided to the department of justice a copy of the resolution under
par. (a) 1. or proof of insurance under
par. (a) 2., and the department of justice has posted either a copy of the document or notice of the document on the Internet site it maintains for exchanging information with law enforcement agencies.
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 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) The department shall provide grants to eligible organizations from the appropriations under
s. 20.455 (5) (e) and
(gj) 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:
