165.85(4)(b)1.1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources includes 240 hours of training. The board shall promulgate a rule under
ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents. The training under this subdivision shall include training on emergency detention standards and procedures under
s. 51.15, emergency protective placement standards and procedures under
s. 55.06 (11) 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. The training under this subdivision shall include training on police pursuit standards, guidelines and driving techniques established under
par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employe of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.
165.85(4)(b)2.
2. No person may be appointed as a jail officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of jail officer training approved by the board and has been certified by the board as being qualified to be a jail officer. The program shall include at least 120 hours of training. The training program shall devote at least 16 hours to methods of supervision of special needs inmates, including inmates who may be emotionally distressed, mentally ill, suicidal, developmentally disabled or alcohol or drug abusers. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. Jail officer training programs including municipal, county and state programs meeting standards of the board shall be acceptable as meeting these training requirements.
165.85(4)(b)3.
3. No person may be appointed as a secure detention officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of secure detention officer training approved by the board and has been certified by the board as being qualified to be a secure detention officer. The program shall include at least 120 hours of training. The training program shall devote at least 16 hours to methods of supervision of special needs inmates, including inmates who may be emotionally distressed, mentally ill, suicidal, developmentally disabled or alcohol or drug abusers. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. Secure detention officer training programs including municipal, county and state programs meeting standards of the board shall be acceptable as meeting these training requirements.
165.85(4)(bn)1.1. No person other than an officer elected by popular vote 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 complies with
par. (b) 1.
165.85(4)(bn)1m.
1m. Each officer who is subject to
subd. 1. shall biennially complete at least 4 hours of training from curricula based upon model standards promulgated by the board under
par. (cm) 2. b. Hours of training completed under this subdivision shall count toward the hours of training required under
subd. 1.
165.85(4)(bn)2.
2. No person may continue as a jail officer, except on a temporary or probationary basis, unless that person completes annual recertification training. The officer shall complete at least 24 hours each fiscal year beginning in the later of the following:
165.85(4)(bn)3.
3. No person may continue as a secure detention officer, except on a temporary or probationary basis, unless that person completes annual recertification training. The officer shall complete at least 24 hours each fiscal year beginning in the later of the following:
165.85(4)(c)
(c) In addition to the requirements of
pars. (b) and
(bn), the board may, by rule, fix such other minimum qualifications for the employment of law enforcement, tribal law enforcement, jail or secure detention officers as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail or secure detention officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements.
165.85(4)(cm)2.
2. The board, in cooperation with the law enforcement pursuit standards council, shall promulgate rules that do all of the following:
Effective date note
NOTE: Subd. 2. (intro.) is amended eff. 6-30-01 by
1997 Wis. Act 88 to read:
Effective date text
2. The board shall promulgate rules that do all of the following:
165.85(4)(cm)2.a.
a. Establish model standards that could be used by any law enforcement agency to determine whether to initiate or continue police pursuit, to establish police pursuit driving techniques employed by that agency and to inform its officers of its written guidelines provided under
s. 346.03 (6). The board shall review and, if considered appropriate by the board, revise the model standards established under this
subd. 2. a. not later than June 30 of each even-numbered year thereafter. The rules promulgated under this
subd. 2. a. are advisory only, are not required to be included as a law enforcement training standard under this subsection and are inadmissible as evidence, except to show compliance with this
subd. 2. a.
165.85(4)(cm)2.b.
b. Notwithstanding
sub. (3) (d), establish the preparatory program and annual recertification training curricula required under
pars. (b) 1. and
(bn) 1m., respectively, relating to police pursuit standards, guidelines and driving techniques. The advisory curriculum committee established under
sub. (3) (d) shall advise the board in promulgating rules under this
subd. 2. b.
Effective date note
NOTE: Subdpar. b. is amended eff. 6-30-01 by
1997 Wis. Act 88 to read:
165.85 Note
b. Establish the preparatory program and annual recertification training curricula required under pars. (b) 1. and (bn) 1m., respectively, relating to police pursuit standards, guidelines and driving techniques.
165.85(4)(d)
(d) Except as provided under
sub. (3m) (a), the board shall issue a certificate evidencing satisfaction of the requirements of
pars. (b),
(bn) and
(c) to any applicant who presents such evidence, as is required by its rules, of satisfactory completion of requirements equivalent in content and quality to those fixed by the board under the board's authority as set out in
pars. (b),
(bn) and
(c).
165.85(4)(dm)
(dm) The board may provide, by rule, that parts of the jail officer preparatory training and the secure detention officer preparatory training are identical and count toward either training requirement.
165.85(4)(e)
(e) This section does not preclude any law enforcement or tribal law enforcement agency or sheriff from setting recruit training and employment standards which are higher than the minimum standards set by the board.
165.85(4)(f)
(f) Except as provided under
sub. (3m) (a), and in addition to certification procedures under
pars. (a) to
(d), 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.
165.85(4m)
(4m) Training for constables. The board shall establish a separate training program for those constables who are not required to complete training under
sub. (4). Except as provided in
s. 60.22 (4), a constable may voluntarily participate in the program under this subsection. Expenses incurred for this program are subject to reimbursement under
sub. (5).
165.85(5)(a)(a) The board may authorize and approve law enforcement, jail or secure detention officer training programs conducted by an agency of a political subdivision or an agency of the state when their programs meet the standards required by the board. No authority granted in this paragraph extends to the board selecting a site for a state police, jail or secure detention officer academy and expending funds thereon without further legislation.
165.85(5)(b)
(b) The board shall authorize the reimbursement to each political subdivision of approved expenses incurred by officers who satisfactorily complete training at schools certified by the board. Reimbursement of these expenses for law enforcement officer, jail officer and secure detention officer preparatory training shall be for approved tuition, living and travel expenses for the first 400 hours of law enforcement preparatory training and for the first 120 hours of jail or secure detention officer preparatory training. Reimbursement of approved expenses for completion of annual recertification training under
sub. (4) (bn) shall include at least $160 per officer thereafter. Funds may also be distributed for attendance at other training programs and courses or for training services on a priority basis to be decided by the department of justice.
165.85(5)(c)
(c) The board may provide grants as a reimbursement for actual expenses incurred by state agencies or political subdivisions for providing training programs to officers from other jurisdictions within the state.
165.85(5)(d)
(d) Any state agency which receives reimbursement for salary and fringe benefit costs under this subsection shall treat the reimbursement as revenue and deposit any such reimbursement in the appropriate program revenue account or segregated fund. If there is no such appropriate account or fund, the reimbursement shall be deposited as general purpose revenue - earned.
165.85(5m)(a)(a)
General authority. In addition to the reimbursement payments authorized under
sub. (5) (b), the department shall request supplemental appropriations under
s. 16.515 if required to do so under this subsection.
165.85(5m)(b)
(b)
Political subdivision supplemental base. In fiscal year 1990-91, the department shall determine the supplemental base amount for each political subdivision in the following manner:
165.85(5m)(b)1.
1. Determine the total reimbursement payments made to the political subdivision under
s. 20.455 (2) (j) in fiscal years 1987-88 and 1988-89.
165.85(5m)(b)3.
3. Determine the amount of reimbursement in fiscal year 1990-91 to be authorized under
sub. (5) (b).
165.85(5m)(b)5.
5. Determine a supplemental base amount for the political subdivision. If the amount under
subd. 4. is $300 or less or a negative amount, the supplemental base amount for the political subdivision is zero. If the amount under
subd. 4. is greater than $300, the supplemental base amount for the political subdivision is the amount under
subd. 4.
165.85(5m)(c)
(c)
Statewide supplemental base. In fiscal year 1990-91, the department shall determine a statewide supplemental base amount by adding all the political subdivision supplemental base amounts under
par. (b) 5.
165.85(5m)(d)
(d)
Estimated cash surplus. In fiscal year 1990-91, the department shall determine the cash surplus in the following manner:
165.85(5m)(d)1.
1. Estimate what the total cash balance in the appropriation account under
s. 20.455 (2) (i) will be at the end of the 1990-91 fiscal year.
165.85(5m)(d)2.
2. Estimate the portion of the total cash balance that must be carried over to the 1991-92 fiscal year to support the expenditures in the 1991-92 fiscal year under
s. 20.455 (2) (j),
(ja) and
(jb).
165.85(5m)(d)3.
3. Determine the estimated cash surplus, if any, by subtracting the amount under
subd. 2. from the amount under
subd. 1.
165.85(5m)(e)
(e)
Request for supplemental appropriation. If the amounts under
pars. (c) and
(d) 3 are both greater than zero, the department shall request a supplemental appropriation under
s. 16.515, not to exceed the amount under
par. (c) or the amount under
par. (d) 3., whichever is less. If a supplemental appropriation is made, each political subdivision shall receive its supplemental base amount under
par. (b) 5. If the supplemental appropriation is insufficient to provide full payments, each political subdivision shall receive a prorated amount.
165.85(5x)
(5x) Notwithstanding
sub. (5), in each fiscal year, the department of justice shall determine the amount of additional costs, including but not limited to tuition, lodging, travel, meals, salaries and fringe benefits, to each political subdivision as a result of the enactment of
1993 Wisconsin Act 460. In each fiscal year, the department shall pay each political subdivision the amount determined under this subsection for that political subdivision from the appropriation under
s. 20.455 (2) (am), subject to the limitations under
s. 20.455 (2) (am).
165.85(6)
(6) Finances. The board may accept for any of its purposes and functions under this section any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution or person, and may receive and utilize the same. Any arrangements pursuant to this subsection shall be detailed in any report of the board submitted under
s. 15.07 (6), which shall include the identity of the donor, the nature of the transaction, and the conditions, if any.
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.
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 Annotation
Rule adopted under this section properly barred this nonpardoned felon from holding police job. Law Enforce. Stds. Bd. v. Lyndon Station, 101 W (2d) 472, 305 NW (2d) 89 (1981).
165.85 Annotation
See note to 62.13, citing Kaiser v. Bd. of Police & Fire Commrs. 104 W (2d) 498, 311 NW (2d) 646 (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. 59.28 (8) (b)) do not apply and an applicable collective bargaining agreement controls. Hussey v. Outagamie County, 201 W (2d) 14, 548 NW (2d) 848 (Ct. App. 1996).
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
Probationary police officer had no protected property interest in 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) (cm) 2. a.
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 secure 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. 55.06 (11), 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.
165.87
165.87
Law enforcement training fund. 165.87(1)(a)(a) Twenty-seven fifty-fifths of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under
s. 20.455 (2) (i) and utilized in accordance with
ss. 20.455 (2) and
165.85 (5) and
(5m). The moneys credited to the appropriation account under
s. 20.455 (2) (i), except for the moneys transferred to
s. 20.455 (2) (jb), constitute the law enforcement training fund.
165.87(1)(b)
(b) One-eleventh of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under
s. 20.410 (1) (jp) and utilized in accordance with
s. 301.28.
165.87(1)(bn)
(bn) Five twenty-seconds of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under and utilized in accordance with
s. 20.505 (6) (g), except for moneys transferred to
ss. 20.410 (3) (kj) and
20.505 (6) (h). In regard to any grant to any local unit of government for which the state is providing matching funds from moneys under this paragraph, the local unit of government shall provide matching funds equal to at least 10%.
165.87(1)(br)
(br) One one-hundred-tenth of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under and utilized in accordance with
s. 20.550 (1) (j).
165.87(1)(c)
(c) Of the balance of the moneys collected from penalty assessments under this section, 62.2% shall be credited to the appropriation account under
s. 20.255 (2) (g) and the remainder shall be credited to the appropriation account under
s. 20.255 (1) (hr).
165.87(2)(a)(a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of
s. 101.123 (2) (a),
(am) 1. or
(bm) or
(5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under
s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount of 23% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.
165.87(2)(b)
(b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2.
165.87(2)(c)
(c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in
s. 66.12 (1) (b).
165.87(2)(d)
(d) If any deposit of bail is made for a noncriminal offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in this section for forfeited bail. If bail is forfeited, the amount of the assessment shall be transmitted monthly to the state treasurer under this section. If bail is returned, the assessment shall also be returned.
165.87 History
History: 1977 c. 29,
418;
1979 c. 331;
1981 c. 20;
1983 a. 27;
1987 a. 27,
326;
1989 a. 22,
31,
56,
97,
359;
1991 a. 26,
39,
130;
1993 a. 16,
313;
1995 a. 27,
201;
1997 a. 27,
36,
252.
165.87 Annotation
As used in 165.87 (2) the words "nonmoving traffic violations" apply only to violations of ordinances adopted under ss. 349.13 and 349.14 and violations of ss. 346.50 through 346.55. 66 Atty. Gen. 308.
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 administer aid received and the method by which aid shall be disbursed.
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.
