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.
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) (d) and
(hn). Prior to January 15, of the year for which funding is sought, the department shall distribute from the appropriations under
s. 20.455 (2) (d) and
(hn) to each eligible program the amount necessary to implement the plan, subject to the following limitations:
165.90(4)(b)
(b) A program shall, prior to the receipt of funds under
s. 20.455 (2) (d) or
(hn) 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).
165.92
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) (b) 1.,
(bn) 1. and
(c) 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)(a)(a) 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 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) (a).
165.92(3)(b)1.1. No tribal law enforcement officer may exercise or perform the powers or duties described under
sub. (2) (a) unless the governing body of the tribe that employs the officer adopts and has in effect a resolution under this paragraph. Except as provided in
subd. 2., a resolution under this paragraph shall include 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
par. (a).
165.92(3)(b)2.
2. A resolution that does not include the statement required in
subd. 1. shall meet the requirements of this paragraph if the department of justice determines that the resolution will reasonably allow the enforcement in the courts of this state of the tribe's liability under
par. (a).
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).
