Chapter 165

165.95(5m)(a) (a) The person conducting the urine collection for purposes of a drug test is of the same sex as the program participant.

165.95(5m)(b) (b) During the urine collection, the program participant is not exposed to the view of any person not conducting the urine collection.

165.95(5m)(c) (c) The urine collection is not reproduced through a visual or sound recording.

165.95(5m)(d) (d) The program participant’s genitals, pubic area, buttock, and anus are not subject to any physical inspection beyond observation of the urine collection.

165.95(5m)(e) (e) All staff of the program must strive to preserve the dignity of all program participants subject to urine collection for the purpose of drug testing.

165.95(5p) (5p) 

165.95(5p)(a) (a) The department of justice shall, annually, analyze the data submitted under sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program. The department of justice shall make the report available to the public.

165.95(5p)(b) (b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under sub. (5) (bg) and the annual reports it produces under par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program and shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

165.95(6) (6) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section. Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe’s and each county department’s role in developing, administering, and evaluating the program. The oversight committee established under sub. (5) (a) shall consist of representatives from each county or tribe.

165.95(7) (7) Grants provided under this section shall be provided on a calendar year basis beginning on January 1, 2007. If the department of justice decides to make a grant to a county or tribe under this section, the department of justice shall notify the county or tribe of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.

165.95(7m) (7m) Beginning in fiscal year 2012-13, the department of justice shall, every 5 years, make grants under this section available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection regardless of whether the county or tribe has received a grant previously under this section.

165.95(8) (8) The department of justice shall assist a county or tribe receiving a grant under this section in obtaining funding from other sources for its program.

165.95(9) (9) The department of justice shall inform any county or tribe that is applying for a grant under this section whether the county or tribe meets the requirements established under sub. (3), regardless of whether the county or tribe receives a grant.

165.95(10) (10) The department of justice shall evaluate every 2 years, the grant program established under this section.

165.95 History History: 2013 a. 20 ss. 177, 1944; 2013 a. 197; Stats. 2013 s. 165.95; 2015 a. 388; 2017 a. 59, 351; 2019 a. 9; 2021 a. 240 s. 30; 2023 a. 19; s. 35.17 correction in (2).

165.95 Annotation This section does not create a fundamental liberty interest. It is a funding statute and, as such, does not need to provide expulsion procedures to survive a procedural due process challenge. State v. Keister, 2019 WI 26, 385 Wis. 2d 739, 924 N.W.2d 203, 17-1618.

165.955 165.955 Drug court; grant program.

165.955(1) (1) In this section, “drug court” means a court that diverts a substance-abusing person from prison or jail into treatment by increasing direct supervision of the person, coordinating public resources, providing intensive community-based treatment, and expediting case processing.

165.955(2) (2) From the appropriation under s. 20.455 (2) (eg), the department of justice shall provide, to counties that have not established a drug court, grants to establish and operate drug courts.

165.955 History History: 2013 a. 20.

165.957 165.957 Frequent testing for use of alcohol or a controlled substance; pilot program.

165.957(1) (1) In this section:

165.957(1)(a) (a) “Controlled substance” has the meaning given in s. 961.01 (4).

165.957(1)(b) (b) “Testing” means a procedure for determining the presence and level of alcohol or a controlled substance in an individual’s blood, breath, or urine, and includes any combination of the use of breath testing, drug patch testing, urinalysis, or continuous or transdermal alcohol monitoring.

165.957(2) (2) The department of justice may designate up to 5 counties to participate in a voluntary frequent sobriety testing program. If a county opts not to participate in the program, the department of justice may designate another county to replace it.

165.957(3) (3) The department of justice may, by rule, establish the following:

165.957(3)(a) (a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in sub. (4) (b) 1. This paragraph does not apply to testing required pursuant to an order under s. 343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under s. 343.301 (1g) (a) 2. b.

165.957(3)(b) (b) A standard for setting fees that counties may collect under sub. (4) (d). The standard may include a component that allows the department of justice to recoup its costs under this section, and as provided in sub. (5) (a).

165.957(3)(c) (c) A timeline and procedure for counties to submit to the department of justice the information required under sub. (6).

165.957(4) (4) Each frequent sobriety testing program shall meet all of the following criteria:

165.957(4)(a) (a) The program limits participation to persons whose number of convictions under ss. 940.09 (1) and 940.25, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 2 or more, and to whom one of the following applies:

165.957(4)(a)1. 1. The person is ordered by a judge or by the department of corrections as a condition of bond, release under s. 969.01 (1) (a), probation or deferred prosecution, release to parole, or release to extended supervision, to totally abstain from using alcohol or a controlled substance, and whose participation in the program is ordered by the judge or by the department of corrections as a condition of bond, release under s. 969.01 (1) (a), probation, release to parole, or release to extended supervision.

165.957(4)(a)2. 2. The person agrees to totally abstain from using alcohol or a controlled substance while he or she is released on bond, on release under s. 969.01 (1) (a), on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and agrees to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of bond, release pursuant to s. 969.01 (1) (a), probation or deferred prosecution, or release to parole or to extended supervision. This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.

165.957(4)(b) (b)

165.957(4)(b)1. 1. Except as provided in subd. 2. or 2m., the program requires participants to be tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, or for the use of a controlled substance as frequently as practicable.

165.957(4)(b)2. 2. If the standard for frequent testing described in subd. 1. creates an unreasonable hardship for the county administering the program, the program may utilize the standard established by the department of justice under sub. (3) (a). This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.

165.957(4)(b)2m. 2m. Any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2. shall be tested as required under 23 USC 405 (d) (7) (A) (ii) and regulations adopted thereunder.

165.957(4)(c) (c) The program informs a participant that, if he or she fails to appear for a scheduled test or if his or her test results indicate that the participant used alcohol or a controlled substance, he or she may be placed under immediate arrest and referred to the department of corrections and to the appropriate prosecuting agency for violating a condition of his or her bond, release under s. 969.01 (1) (a), probation or deferred prosecution, or of his or her release to parole or extended supervision.

165.957(4)(d) (d) The program requires participants to pay a fee, except that a county may allow a participant to pay a reduced fee or no fee, subject to the participant’s ability to pay. Each county may establish fees that are consistent with any standard established under sub. (3) (b) and that the county determines are sufficient to fund its frequent sobriety testing program. Except as provided in sub. (5), the county may retain the fees it collects pursuant to this paragraph to administer its program.

165.957(5) (5) 

165.957(5)(a) (a) The department of justice may enter into an agreement with each designated county that requires the county to pay a portion of the fees the county collects under sub. (4) (d) to the department of justice to pay the actual costs of performing the analysis and reporting under sub. (7).

165.957(5)(b) (b) The department of justice shall deposit in the state treasury for deposit into the general fund all moneys it collects under this subsection. These moneys shall be credited to the appropriation account under s. 20.455 (2) (gu).

165.957(6) (6) Each county that establishes a frequent sobriety testing program after being designated by the department of justice under sub. (2) shall, annually, provide the following information to the department of justice:

165.957(6)(a) (a) The number of participants in the program.

165.957(6)(b) (b) The costs associated with the program.

165.957(6)(c) (c) The failure or dropout rate of participants.

165.957(6)(d) (d) Other information requested by the department of justice.

165.957(7) (7) 

165.957(7)(a) (a) Not later than June 30, 2016, the department of justice shall provide to the legislature under s. 13.172 (2) a list of counties it designated under sub. (2). For each county it designates, the department of justice shall inform the legislature of the reasons it chose the county for participation. If the department of justice designated a county to replace a different county, the department of justice shall include that information in the report.

165.957(7)(b) (b) Beginning January 15, 2017, and annually thereafter until January 15, 2021, the department of justice shall analyze the information it receives pursuant to sub. (6) and shall submit a report to the legislature under s. 13.172 (2). The report shall include all of the following information relating to the prior year’s frequent sobriety testing programs:

165.957(7)(b)1. 1. A list of counties designated under sub. (2) that established a frequent sobriety testing program.

165.957(7)(b)2. 2. The number of participants in each county’s frequent sobriety testing program.

165.957(7)(b)3. 3. A description of each county’s frequent sobriety testing program.

165.957(7)(b)4. 4. The recidivism rates for participants in each county’s frequent sobriety testing program.

165.957(7)(c) (c) By January 15, 2021, the department of justice shall submit a final report to the legislature under s. 13.172 (2) that includes all of the information required under par. (b) and contains a recommendation as to whether the frequent sobriety testing programs should be continued, discontinued, or modified.

165.957(8) (8) The department of justice may use the emergency rules procedure under s. 227.24 to promulgate rules specified in sub. (3). Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this section.

165.957(9) (9) This section does not apply after June 30, 2021.

165.957 History History: 2015 a. 55, 389; 2023 a. 3.

165.96 165.96 Child advocacy grants. Beginning in fiscal year 2011-2012, from the appropriation under s. 20.455 (5) (ke), the department of justice shall in each fiscal year provide $17,000 to each of the following child advocacy centers for education, training, medical advice, and quality assurance activities:

165.96(1) (1) Care House in Rock County.

165.96(2) (2) Child Protection Center in Milwaukee County.

165.96(3) (3) Safe Harbor in Dane County.

165.96(4) (4) Kenosha Child Advocacy Center in Kenosha County.

165.96(5) (5) Fox Valley Child Advocacy Center in Winnebago County.

165.96(6) (6) Stepping Stones in La Crosse County.

165.96(7) (7) CARE Center in Waukesha County.

165.96(8) (8) Child Advocacy Center of Northeastern Wisconsin in Marathon County.

165.96(9) (9) Chippewa County Child Advocacy Center in Chippewa County.

165.96(10) (10) A child advocacy center in Brown County.

165.96(11) (11) A child advocacy center in Racine County.

165.96(12) (12) A child advocacy center in Walworth County.

165.96(13) (13) CHAT Room in Green County.

165.96(14) (14) Marshfield Child Advocacy Center in Wood County.

165.96(15) (15) Lakeshore Regional Child Advocacy Center in Ozaukee County.

165.96 History History: 2013 a. 20 s. 179; Stats. 2013 s. 165.96; 2021 a. 58.

165.967 165.967 Court appointed special advocates; grants.

165.967(1) (1) From the appropriation under s. 20.455 (5) (es), the department of justice shall in each fiscal year provide $250,000 to the Wisconsin Court Appointed Special Advocate Association.

165.967(2) (2) Annually, the Wisconsin Court Appointed Special Advocate Association shall submit to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) a report describing the use of the funds received under sub. (1).

165.967 History History: 2015 a. 55; 2017 a. 59 ss. 2265, 9428 (1r) (b); 2017 a. 255; 2021 a. 238 s. 42.

165.98 165.98 Grants for body cameras for law enforcement officers.

165.98(1) (1) In this section, “law enforcement agency” means an agency of a political subdivision of this state or of a federally recognized Indian tribe or band whose purpose is the detection and prevention of crime and enforcement of laws or ordinances and whose employees are authorized to make arrests for crimes or violations of ordinances. “Law enforcement agency” includes the Marquette University police department under s. 175.42. “Law enforcement agency” does not include an agency of the state.

165.98(1g) (1g) The department of justice shall award grants to law enforcement agencies to enable the agencies to purchase body cameras for the law enforcement officers the agency employs.

165.98(2) (2) A law enforcement agency may apply, or more than one law enforcement agency may jointly apply, to the department of justice for a grant under this section and shall include in the application all of the following:

165.98(2)(a) (a) A proposed plan of expenditure of the grant money, including the estimated cost per body camera and the number of body cameras needed.

165.98(2)(b) (b) A statement indicating that the applicant intends to match the amount of the grant awarded and agrees to maintain the equipment, replace the equipment as needed, and maintain adequate digital video storage for at least 3 years from the date of the award.

165.98(2)(c) (c) The amount of time that the applicant anticipates it will need after receiving the grant money before it is able to equip with a body camera all officers as required under sub. (3).

165.98(3) (3) Notwithstanding a policy under s. 165.87 (1), a law enforcement agency that receives a grant under this section shall do all of the following for at least 3 years from the date of the award:

165.98(3)(a) (a) Equip with a body camera all officers who have primary duties involving traffic patrol, beat patrol, or responding to calls from the public requiring assistance.

165.98(3)(b) (b) Require an officer who is equipped with a body camera to activate the camera in situations in which the officer has an enforcement or investigative contact with a member of the public, including a traffic stop, arrest, search, interrogation, or interview, or in any other situation in which the officer has contact with a member of the public that becomes adversarial after the initial contact.