Chapter 165

165.84 Annotation The Department of Justice has no statutory authority to administratively append unrelated charges to arrest records so as to prevent expungement under sub. (1) of arrests that do not result in a criminal charge. Hall v. Department of Justice, 2020 WI App 12, 391 Wis. 2d 378, 941 N.W.2d 825, 18-2274.

165.845 165.845 Collection and reporting of crime and criminal justice data.

165.845(1g) (1g) In this section:

165.845(1g)(a) (a) “Great bodily harm” has the meaning given in s. 939.22 (14).

165.845(1g)(m) (m) “Use-of-force incident” means any of the following:

165.845(1g)(m)1. 1. Any incident involving the discharge of a firearm by a law enforcement officer at or in the direction of a civilian.

165.845(1g)(m)2. 2. Any incident involving the discharge of a firearm by a civilian at or in the direction of a law enforcement officer.

165.845(1g)(m)3. 3. Any incident in which an action taken by a law enforcement officer as a response to an act of resistance results in great bodily harm or death.

165.845(1g)(m)4. 4. Any incident in which an act of resistance taken by a civilian against a law enforcement officer results in great bodily harm or death.

165.845(1r) (1r) The department of justice shall:

165.845(1r)(a) (a) Collect information concerning the number and nature of offenses known to have been committed in this state, concerning sexual assault kits, as defined in s. 165.775 (1) (e), collected in this state, and concerning such other information as may be useful in the study of crime and the administration of justice. The department of justice may determine any other information to be obtained regarding crime, evidence, and justice system data or statistics. The information shall include all of the following:

165.845(1r)(a)1. 1. Data requested by federal agencies under the U.S. department of justice, including but not limited to the federal bureau of investigation under its system of uniform crime reports for the United States.

165.845(1r)(a)2. 2. For any use-of-force incident, all of the following information:

165.845(1r)(a)2.a. a. The gender, race, ethnicity, and age of each person who was shot at, injured, or killed.

165.845(1r)(a)2.b. b. The date, time, and location of the incident.

165.845(1r)(a)2.c. c. The reason for the law enforcement officer’s initial contact with the civilian.

165.845(1r)(a)2.d. d. Whether any civilian involved in the incident was armed and, if he or she was armed, the type of weapon that the civilian had.

165.845(1r)(a)2.e. e. 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.

165.845(1r)(a)2.f. f. The number of law enforcement officers involved in the incident.

165.845(1r)(a)2.g. g. The number of civilians involved in the incident.

165.845(1r)(a)2.h. h. A brief description regarding any acts of resistance that precipitated the incident and the circumstances surrounding the incident, including perceptions on behavior or mental disorders.

165.845(1r)(a)2.i. i. Any other information that is required to comply with the reporting standards of the National Use-Of-Force Data Collection system administered by the federal bureau of investigation.

165.845(1r)(b) (b) Furnish all reporting officials with instructions that specify the nature of the information required under par. (a), a simple format in which to submit the information, the time it is to be forwarded, the process for submitting the information, the method of classifying it, and any other matters that facilitate collection and compilation. The format provided under this paragraph shall, to the greatest extent feasible, minimize the time required by each law enforcement officer to submit the required information.

165.845(1r)(c) (c) Maintain a statistical analysis center to serve as a clearing house of justice system data and information and conduct justice system research and data analysis under this section.

165.845(1r)(d) (d) Publish an annual report using the information collected under par. (a) 2. The report may be published electronically on the department of justice’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) 2.

165.845(1r)(e) (e) Publish data at least annually on law enforcement agency compliance with the reporting requirement under par. (a) relating to sexual assault kits.

165.845(2) (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. (1r) (a) in the format specified by the department under sub. (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.

165.845 History History: 2013 a. 20 ss. 168 to 170, 172, 1938, 1939; 2021 a. 50, 116.

165.85 165.85 Law enforcement standards board.

165.85(1) (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 or probationary capacity, and persons already in regular service.

165.85(2) (2) Definitions. In this section and in s. 165.86:

165.85(2)(ac) (ac) “Alzheimer’s disease” has the meaning given in s. 46.87 (1) (a).

165.85(2)(ah) (ah) “Board” means the law enforcement standards board.

165.85(2)(ap) (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.

165.85(2)(bc) (bc) “Fiscal year” has the meaning given in s. 20.902.

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

165.85(2)(bg) (bg) “Jail” means a county jail, rehabilitation facility established by s. 59.53 (8) or county house of correction under s. 303.16.

165.85(2)(bn) (bn) “Jail officer” means any person employed by any political subdivision of the state for the purpose of supervising, controlling or maintaining a jail or the persons confined in a jail. “Jail officer” includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.

165.85(2)(br) (br) “Juvenile detention facility” has the meaning given in s. 48.02 (10r).

165.85(2)(bt) (bt) “Juvenile detention officer” means any person employed by any political subdivision of the state or by any private entity contracting under s. 938.222 to supervise, control, or maintain a juvenile detention facility or the persons confined in a juvenile detention facility. “Juvenile detention officer” includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.

165.85(2)(bv) (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.

165.85(2)(bx) (bx) “Law enforcement instructor” means a person who is certified by the board 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.

165.85(2)(c) (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).

165.85(2)(cm) (cm) “Police pursuit” has the meaning given in s. 85.07 (8) (a).

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

165.85(2)(e) (e) “Preservice student” means any person who meets the minimum recruitment qualifications set by the board and who enrolls in preparatory training under sub. (4) (a) 1., (b) 1., or (c) 1. prior to employment as a law enforcement officer, tribal law enforcement officer, jail officer, or juvenile detention officer.

165.85(2)(f) (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.

165.85(2)(fh) (fh) “Tactical emergency medical services professional” means a licensed emergency medical services professional who has been endorsed by the department of health services as a person who provides medical services when operating as part of a law enforcement tactical team and operating with the prior written approval of the sheriff or chief of police for the jurisdiction in which the licensed emergency medical services professional is authorized to carry out his or her duties.

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

165.85(2)(g) (g) “Tribal law enforcement officer” means any of the following:

165.85(2)(g)1. 1. A person who is employed by a tribe for the purpose of detecting and preventing crime and enforcing the tribe’s laws or ordinances, who is authorized by the tribe to make arrests of Indian persons for violations of the tribe’s laws or ordinances, and who agrees to accept the duties of law enforcement officers under the laws of this state.

165.85(2)(g)2. 2. A conservation warden employed by the Great Lakes Indian Fish and Wildlife Commission who agrees to accept the duties of law enforcement officers under the laws of this state.

165.85(3) (3) Powers. The board may:

165.85(3)(a) (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 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, tactical emergency medical services professionals, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in this state.

165.85(3)(am) (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.

165.85(3)(b) (b) Establish minimum educational, training, and recruitment standards for admission to employment as a law enforcement, 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.

165.85(3)(c) (c) Except as provided under sub. (3m) (a), certify persons as being qualified under this section to be law enforcement officers, tribal law enforcement officers, tactical emergency medical services professionals, jail officers, or juvenile detention officers. Prior to being certified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement officers under the laws of this state.

165.85(3)(cm) (cm) Decertify law enforcement officers, tribal law enforcement officers, tactical emergency medical services professionals, jail officers, or juvenile detention officers who do any of the following:

165.85(3)(cm)1. 1. Resign employment in lieu of termination or are terminated for just cause under any applicable provision of law, unless the board determines under sub. (3m) (c) that decertification on this ground is not necessary.

165.85(3)(cm)2. 2. Violate or fail to comply with a rule, policy, or order of the board relating to curriculum, training, or recruitment.

165.85(3)(cm)3. 3. Falsify information to obtain or maintain certified status.

165.85(3)(cm)4. 4. Are certified as the result of an administrative error.

165.85(3)(cm)5. 5. Are convicted of a felony or of any offense that, if committed in Wisconsin, could be punished as a felony. A law enforcement officer or tactical emergency medical services professional so convicted shall notify the board within 30 days of his or her conviction.

165.85(3)(cm)6. 6. Are convicted of a misdemeanor crime of domestic violence, 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). A law enforcement officer or tactical emergency medical services professional so convicted shall notify the board within 30 days of his or her conviction.

165.85(3)(cm)7. 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:

165.85(3)(cm)7.a. a. A deferred judgment and sentencing agreement or deferred sentencing agreement, whether pending or successfully completed.

165.85(3)(cm)7.b. b. A deferred prosecution agreement, whether pending or successfully completed.

165.85(3)(cm)7.c. c. A pretrial diversion agreement, whether pending or successfully completed.

165.85(3)(cm)8. 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.

165.85(3)(d) (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, domestic violence investigations, 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 curriculum advisory committee to advise the board in the establishment of the curriculum requirements. The curriculum advisory committee shall consist of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis, the director of training of the Wisconsin state patrol, and, if applicable, one or more representatives of colleges or universities as follows:

165.85(3)(d)1. 1. If any technical college in the state provides a course or program described in this paragraph, the board shall appoint to the curriculum advisory committee one person to represent technical colleges.

165.85(3)(d)2. 2. If any 2-year college in the state provides a course or program described in this paragraph, the board shall appoint to the curriculum advisory committee one person to represent 2-year colleges.

165.85(3)(d)3. 3. If any 4-year college or university in the state provides a course or program described in this paragraph, the board shall appoint to the curriculum advisory committee one person to represent 4-year colleges and universities.

165.85(3)(e) (e) Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies and with universities, colleges, the technical college system board and other institutions concerning the development of law enforcement training schools, degree programs or specialized courses of instruction.

165.85(3)(g) (g) Conduct and stimulate research which is designed to improve law enforcement administration and performance.

165.85(3)(h) (h) Make recommendations concerning any matter within its purview.

165.85(3)(i) (i) Make such evaluations as are necessary to determine if participating governmental units are complying with this section.

165.85(3)(j) (j) Adopt rules under ch. 227 for its internal management, control and administration.

165.85(3m) (3m) Duties relating to support enforcement. The board shall do all of the following:

165.85(3m)(a) (a) As provided in a memorandum of understanding entered into with the department of children and families under s. 49.857, refuse certification to an individual who applies for certification under this section, refuse recertification to an individual certified under this section or decertify an individual certified under this section if the individual fails 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 if the individual fails 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.

165.85(3m)(b) (b)

165.85(3m)(b)1. 1. Request that an individual provide the board with his or her social security number when he or she applies for certification or recertification under this section. Except as provided in subd. 2., if an individual who is requested by the board to provide his or her social security number under this paragraph does not comply with the board’s request, the board shall deny the individual’s application for certification or recertification. The board may disclose a social security number provided by an individual under this paragraph only to the department of children and families as provided in a memorandum of understanding entered into with the department of children and families under s. 49.857.

165.85(3m)(b)2. 2. As a condition of applying for certification or recertification, an individual who does not have a social security number shall submit a statement made or subscribed under oath or affirmation to the board that he or she does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A certification or recertification issued in reliance on a false statement submitted under this subdivision is invalid.

165.85(3m)(c) (c) Establish procedures for decertification under sub. (3) (cm) in compliance with ch. 227, except that decertification for an action described under sub. (3) (cm) 8. shall be done as provided under par. (a). The procedures shall include a process for reviewing a resignation in lieu of termination or a termination for just cause.

165.85(3m)(d) (d) Develop a list of recommended training courses for law enforcement officers relating to preventing, recognizing, and investigating human trafficking, apprehending and prosecuting human traffickers, and coordinating human trafficking response efforts with other law enforcement agencies and organizations.

165.85(4) (4) Required standards.

165.85(4)(a) (a) Law enforcement and tribal law enforcement officers.

165.85(4)(a)1. 1. The board shall establish a preparatory program of law enforcement and tribal law enforcement officer training, which shall include not less than 600 hours of training. The board shall establish criteria for the general program outcomes for the preparatory program. Specifics of the training curriculum, competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject shall 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 criteria 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. Notwithstanding s. 227.10 (1), the criteria and policies established under this paragraph need not be promulgated as rules under ch. 227.

165.85(4)(a)2. 2. Except as provided in subd. 3. or 8., no person may be employed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed the preparatory training program established under subd. 1. and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer.