AB68: Bill Text

AB68,1271,14 c. Whether any civilian involved in the incident was armed and, if he or she was armed, the type of weapon that the civilian possessed.

AB68,1271,17 d. The type of resistance used against the law enforcement officer by the civilian, the type of action taken in response by the officer, and if applicable, the types of weapons used.

AB68,1271,18 e. The number of law enforcement officers involved in the incident.

AB68,1271,19 f. The number of civilians involved in the incident.

AB68,1271,21 g. A brief description regarding the circumstances surrounding the incident, including perceptions on behavior or mental disorders.

AB68,2319 Section 2319. 165.845 (1r) (d) of the statutes is created to read:

AB68,1271,23 165.845 (1r) (d) Publish the following reports:

AB68,1272,3 1. At least annually, a report containing data on law enforcement agency compliance with the sexual assault kit data collection requirement under par. (a) 2. The reports may be published electronically on the department's Internet site.

AB68,1272,7 2. Annually, a report using the information collected on incidents under par. (a) 3. The reports may be published electronically on the department's Internet site in an interactive format and shall include, at a minimum, all information that is reported to the department by local law enforcement agencies under par. (a) 3.

AB68,2320 Section 2320 . 165.845 (2) of the statutes is amended to read:

AB68,1272,15 165.845 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the information described in sub. (1) (1r) (a) on the basis of the forms or instructions or both to be supplied by the department under sub. (1) (a) (1r) (b). The department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal and juvenile justice system agencies.

AB68,2321 Section 2321 . 165.85 (2) (ap) of the statutes is created to read:

AB68,1272,25 165.85 (2) (ap) “Employment file” means all files relating to a person's employment, including performance reviews, files related to job performance, internal affairs investigative files, administrative files, previous personnel applications, personnel-related claims, disciplinary actions, and all substantiated complaints and commendations, but does not include pay or benefit information, similar administrative data or information that does not relate to performance or conduct, or medical files unless the medical file relates to mental competency issues bearing on the person's suitability for a law enforcement, tribal law enforcement, jail, or juvenile detention officer position.

AB68,2322 Section 2322. 165.85 (2) (be) of the statutes is created to read:

AB68,1273,3 165.85 (2) (be) “Government agency” means any department, agency, or court of this state, or of a city, village, town, or county in this state.

AB68,2323 Section 2323 . 165.85 (2) (bv) of the statutes is amended to read:

AB68,1273,7 165.85 (2) (bv) “Law enforcement agency" means a governmental unit of this state or a political subdivision of this state that employs one or more law enforcement officers, and includes the Marquette University police department.

AB68,2324 Section 2324 . 165.85 (2) (c) of the statutes is amended to read:

AB68,1273,14 165.85 (2) (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 and sworn to enforce. “Law enforcement officer" includes a university police officer, as defined in s. 175.42 (1) (b).

AB68,2325 Section 2325 . 165.85 (2) (fm) of the statutes is created to read:

AB68,1273,17 165.85 (2) (fm) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e).

AB68,2326 Section 2326 . 165.85 (3) (a) of the statutes is amended to read:

AB68,1274,2 165.85 (3) (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 agencies, tribal law enforcement agencies, jails, juvenile detention facilities, and 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 this state.

AB68,2327 Section 2327 . 165.85 (3) (am) of the statutes is created to read:

AB68,1274,10 165.85 (3) (am) Establish minimum qualification standards for admission to preparatory law enforcement, jail, or juvenile detention officer training for preservice students and recruits, but not for department of corrections correctional officers. The standards shall relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail, or juvenile detention officers. The board shall prescribe the means for presenting evidence of fulfillment of these requirements.

AB68,2328 Section 2328 . 165.85 (3) (b) of the statutes is amended to read:

AB68,1274,21 165.85 (3) (b) Establish minimum educational and, training, and recruitment standards for admission to employment as a law enforcement or, tribal law enforcement, jail, or juvenile detention officer in permanent positions and in temporary, probationary or part-time status. The standards shall relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail, or juvenile detention officers. Educational and training standards for tribal law enforcement officers under this paragraph shall be identical to standards for other law enforcement officers. The board shall prescribe the means for presenting evidence of fulfillment of these requirements.

AB68,2329 Section 2329 . 165.85 (3) (cm) of the statutes is renumbered 165.85 (3) (cm) (intro.) and amended to read:

AB68,1274,25 165.85 (3) (cm) (intro.) Decertify law enforcement, tribal law enforcement, jail, or juvenile detention officers who terminate do one of the following:

AB68,1275,1 1. Terminate employment or are terminated , who violate.

AB68,1275,3 2. Violate or fail to comply with a rule, policy, or order of the board relating to curriculum or, training, who falsify, or recruitment.

AB68,1275,4 3. Falsify information to obtain or maintain certified status, who are.

AB68,1275,5 4. Are certified as the result of an administrative error, who are.

AB68,1275,7 5. Are convicted of a felony or of any offense that, if committed in Wisconsin, could be punished as a felony, who are.

AB68,1275,12 6. Are convicted of a misdemeanor crime of domestic violence, or who fail as defined in 18 USC 921 (a) (33), or are convicted of domestic abuse, as defined in s. 968.075 (1) (a), or the conviction is subject to the imposition of the domestic abuse surcharge under s. 973.055 (1), regardless of whether any part of the surcharge is waived by the court under s. 973.055 (4).

AB68,1275,17 8. Fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

AB68,1275,25 (cp) The board shall establish procedures for decertification under par. (cm) in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings an action described under par. (cm) 8. shall be done as provided under sub. (3m) (a).

AB68,2330 Section 2330. 165.85 (3) (cm) 7. of the statutes is created to read:

AB68,1276,4 165.85 (3) (cm) 7. For any crime listed in subd. 5. or 6., enter into any of the following if the board determines that certification is not in the best interest of the public:

AB68,1276,6 a. A deferred judgment and sentencing agreement or deferred sentencing agreement, whether pending or successfully completed.

AB68,1276,8 b. A deferred prosecution agreement, whether pending or successfully completed.

AB68,1276,9 c. A pretrial diversion agreement, whether pending or successfully completed.

AB68,2331 Section 2331 . 165.85 (4) (a) 1m. of the statutes is created to read:

AB68,1276,14 165.85 (4) (a) 1m. The board may not create criteria for participation in the preparatory training program under subd. 1. that would prevent a person from participation if the person is in receipt of a valid employment authorization from the federal department of homeland security.

AB68,2332 Section 2332 . 165.85 (4) (a) 7. d. of the statutes is created to read:

AB68,1276,23 165.85 (4) (a) 7. d. Each officer who is subject to this subdivision shall annually complete at least 8 hours of scenario-based training on use-of-force options, focusing on skills and tactics that minimize the likelihood of using force, including de-escalation tactics. In this subd. 7. d., “de-escalation tactics” are actions and techniques used by law enforcement officers to slow down or stabilize a potentially unstable situation to allow for more time, options, and resources for resolution or prevention of an incident. Hours of training completed under this subd. 7. d. shall count toward the hours of training required under subd. 7. a.

AB68,2333 Section 2333 . 165.85 (4) (em) of the statutes is created to read:

AB68,1277,13 165.85 (4) (em) Officer recruitment. 1. When a law enforcement agency, tribal law enforcement agency, jail, or juvenile detention facility recruits for new officers, the interviewing agency shall require each candidate that it interviews for a law enforcement, tribal law enforcement, jail, or juvenile detention position, who is or has been employed by another law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency to execute a written waiver that explicitly authorizes each law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or other government agency to disclose the candidate's employment files to the interviewing agency, and releases the interviewing agency and each law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that employs or has employed the candidate from any liability related to the use and disclosure of the candidate's employment files.

AB68,1277,19 2. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency may disclose a candidate's employment files by either providing copies to the interviewing agency or allowing the interviewing agency to review the files at the offices of the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that employed the candidate.

AB68,1277,21 3. A candidate who refuses to execute the waiver shall not be considered for employment by the interviewing agency or considered for certification by the board.

AB68,1278,3 4. The interviewing agency shall, at least 30 days prior to making its hiring decision, submit the waiver to each law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that has employed the candidate. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that receives a waiver shall make the requested employment files available to the interviewing agency not more than 21 days after receiving the waiver.

AB68,1278,6 5. The interviewing agency may also conduct an official oral interview of individuals from the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency that employed the candidate.

AB68,1278,13 6. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is not required to provide the candidate's employment records if the agency or facility is prohibited from providing the employment records pursuant to a binding nondisclosure agreement to which the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is a party if the agreement was executed before the effective date of this subdivision .... [LRB inserts date].

AB68,1278,18 7. No law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency may enter into a nondisclosure agreement preventing an interviewing law enforcement agency, tribal law enforcement agency, jail, or juvenile detention facility from viewing employment files after the effective date of this subdivision .... [LRB inserts date].

AB68,1278,22 8. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is not liable for complying with the provisions of this paragraph or participating in an official oral interview with an investigator from the interviewing agency, regarding the candidate.

AB68,2334 Section 2334 . 165.85 (4m) of the statutes is created to read:

AB68,1279,3 165.85 (4m) Best practices. The board shall develop, and review at least once every 2 years, a model use of force policy for law enforcement agencies that does all of the following:

AB68,1279,4 (a) Incorporates the principles under s. 66.0511 (2).

AB68,1279,6 (b) Addresses interactions with individuals with mental disorders, alcohol or drug problems, dementia disorders, and developmental disabilities.

AB68,1279,9 (c) Limits the use of force against vulnerable populations, including children, elderly individuals, individuals who are pregnant, individuals with physical or mental disabilities, and individuals with limited English proficiency.

AB68,1279,10 (d) Includes other best practices that the board identifies.

AB68,2335 Section 2335. 165.895 of the statutes is created to read:

AB68,1279,13 165.895 Alternative emergency response and 911 diversion grants. (1) In this section:

AB68,1279,14 (a) “Local health department” has the meaning given in s. 250.01 (4).

AB68,1279,15 (b) “Public safety answering point” has the meaning given in s. 256.35 (1) (gm).

AB68,1279,18 (2) From the appropriation under s. 20.455 (2) (dm), the department shall provide grants to counties having a population of 750,000 or more to be used for any of the following purposes:

AB68,1279,21 (a) For contracts between local health departments and nonprofit organizations to increase the capacity of behavioral crisis support services for nonemergency behavioral health issues.

AB68,1279,23 (b) For research, design, and personnel costs associated with creating programs to divert behavioral health services from public safety answering points.

AB68,1280,5 (3) To be eligible for a grant under this section, a county 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 sub. (4). The department shall review the use of grant money provided under this section to ensure that the money is used according to the approved plan.

AB68,1280,8 (4) 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.

AB68,2336 Section 2336. 165.93 (2) (title) of the statutes is amended to read:

AB68,1280,10 165.93 (2) (title) Grants by application.

AB68,2337 Section 2337. 165.93 (2m) of the statutes is created to read:

AB68,1280,16 165.93 (2m) Grants to the Wisconsin Coalition Against Sexual Assault. In addition to the grants under sub. (2), from the appropriation under s. 20.455 (5) (e), the department shall provide a grant of $100,000 annually to the Wisconsin Coalition Against Sexual Assault to provide services for sexual assault victims. The Wisconsin Coalition Against Sexual Assault may also apply for grants under sub. (2).

AB68,2338 Section 2338. 165.95 (title) of the statutes is amended to read:

AB68,1280,19 165.95 (title) Alternatives to prosecution and incarceration; grant program.

AB68,2339 Section 2339 . 165.95 (1) (ac) of the statutes is created to read:

AB68,1280,23 165.95 (1) (ac) “Evidence-based practice" means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.

AB68,2340 Section 2340 . 165.95 (2) of the statutes is amended to read:

AB68,1281,8 165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

AB68,2341 Section 2341. 165.95 (2r) of the statutes is amended to read:

AB68,1281,12 165.95 (2r) Any county or tribe that receives a grant under this section on or after January 1, 2012, shall provide matching funds that are equal to 25 10 percent of the amount of the grant.

AB68,2342 Section 2342. 165.95 (3) (a) of the statutes is repealed.

AB68,2343 Section 2343 . 165.95 (3) (ag) of the statutes is created to read:

AB68,1281,18 165.95 (3) (ag) The program operates within the continuum from arrest to discharge from supervision and provides an alternative to prosecution, revocation, or incarceration through the use of pre-charge and post-charge diversion programs or treatment courts and community-based corrections.

AB68,2344 Section 2344 . 165.95 (3) (b) of the statutes is amended to read:

AB68,1281,25 165.95 (3) (b) The program employs evidence-based practices and is designed to promote and facilitate the implementation of effective criminal justice policies and practices that maximize justice and public and victim safety, reduce prison and jail populations, reduce prosecution and incarceration costs, and reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.

AB68,2345 Section 2345. 165.95 (3) (bd) of the statutes is created to read: