165.85 Annotation
A police officer promoted to sergeant, subject to a one-year period of probation, could not be demoted without a just cause hearing under s. 62.13 (5) (em). An original appointment is on a probationary basis under sub. (4) (b). Once that period has passed, no promotion can be taken away without a hearing under s. 62.13 (5) (em). Antisdel v. City of Oak Creek Police and Fire Commission, 2000 WI 35,
234 Wis. 2d 154,
309 N.W.2d 464.
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
A probationary police officer had no protected property interest in his 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.
165.90
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) (kt). Prior to January 15, of the year for which funding is sought, the department shall distribute from the appropriations under
s. 20.455 (2) (kt) 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) (kt) 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).
165.92 History
History: 1993 a. 407;
1995 a. 201.
165.92 Note
NOTE: 1993 Wis. Act 407, which creates this section, contains extensive explanatory notes.
165.93
165.93
Sexual assault victim services; grants. 165.93(1)(a)
(a) "Department" means the department of justice.
165.93(1)(e)
(e) "Victim" means an individual who has been sexually assaulted, regardless of whether the sexual assault has been reported to any governmental agency.
165.93(2)(a)(a) Beginning on January 1, 1995, the department shall provide grants to eligible organizations from the appropriation under
s. 20.455 (5) (gc) to provide services for sexual assault victims.
165.93(2)(b)
(b) An organization is eligible to apply for and receive a grant under this section if the organization meets all of the following criteria:
165.93(2)(b)1.
1. The organization is a nonprofit corporation or a public agency.
165.93(2)(b)2.
2. The organization provides or proposes to provide, either directly or through a contract, subcontract, service agreement or collaborative agreement with other organizations, entities or individuals, all of the following for sexual assault victims:
165.93(2)(b)2.b.
b. Crisis telephone line services on a 24 hours per day and 7 days per week basis.
165.93(2)(b)2.c.
c. Professional education about intervention for sexual assault victims and community education programs for the prevention of sexual assault.
165.93(2)(b)2.d.
d. Services for persons living in rural areas, men, children, elderly persons, physically disabled persons, minority groups and other groups of victims that have special needs. This subdivision does not require the applicant to provide services to any group of persons that does not reside in the applicant's service area.
165.93(2)(b)3.
3. The organization does not receive more than 70% of its operating budget from grants under this section.
165.93(2)(b)4.
4. The organization does not provide all of its services under
subd. 2. a. to
d. by contract, subcontract, service agreement or collaborative agreement with other organizations, entities or individuals.
165.93(2)(c)
(c) Whenever the department reviews applications for grants under this section, the department shall consider all of the following:
165.93(2)(c)1.
1. The need for sexual assault victim services in the community in which the applicant provides services or proposes to provide services.
165.93(2)(c)2.
2. The degree to which the applicant's services or proposed services are coordinated with other resources in the community and state.
165.93(2)(c)4.
4. The needs of existing and proposed programs and services.
165.93(3)
(3) Reporting requirements. An organization that receives a grant under this section shall report all of the following information to the department for each fiscal year covered by the grant:
165.93(3)(a)
(a) The total expenditures that the organization made on sexual assault victim services in the period for which the grant was provided during that fiscal year.
165.93(3)(b)
(b) The number of persons served by general type of sexual assault victim services provided in the period for which the grant was provided during that fiscal year. The department shall identify for organizations the general types of sexual assault services provided.
165.93(3)(c)
(c) The number of persons who requested sexual assault victim services in the period for which the grant was provided during that fiscal year but who did not receive the sexual assault victim services that they requested.
165.93 History
History: 1993 a. 16,
227;
1995 a. 225.
165.982
165.982
Weed and seed project grants. 165.982(1)
(1) The department of justice may award grants from the appropriation under
s. 20.455 (2) (dg) to any eligible city whose plan for the expenditure of funds is approved. The grant shall be used to carry out a comprehensive, multi-agency "weed and seed" project to restore safety and vitality to a targeted neighborhood that suffers from high levels of violent and drug-related crime. The grant moneys that a city receives under this section may not supplant existing local resources. A plan submitted for approval shall specify a strategy to achieve the goals of the grant and must include a concerted law enforcement effort to curb drug trafficking and related crime, a decentralized law enforcement and crime prevention effort in a targeted neighborhood, and a coordinated, community-based effort to strengthen the neighborhood's social base and revitalize the neighborhood. The department of justice, with the concurrence of the department of health and family services, shall develop criteria which, notwithstanding
s. 227.10 (1), need not be promulgated as rules under
ch. 227, for use in awarding grants under this section. The department of justice and department of health and family services shall jointly review any proposed plan and approve those plans that meet the criteria.
165.982(2)
(2) To be eligible for the grant, a plan shall include all of the following:
165.982(2)(a)
(a) Oversight of the project by the mayor's office or by a steering committee appointed by the mayor.
165.982(2)(b)
(b) Written support by the chief of police and the superintendent of the school district.
