165.85(4)(cm)2.
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. 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(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;
1999 a. 9;
2001 a. 16,
109.
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 Cross-reference
Cross Reference: See also ch.
LES 1, Wis. adm. code.
165.85 Annotation
A rule adopted under this section properly barred a nonpardoned felon from holding a police job. Law Enforcement Standards Board v. Lyndon Station,
101 Wis. 2d 472,
305 N.W.2d 89 (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 Wis. 2d 14,
548 N.W.2d 848 (Ct. App. 1996),
95-2948.
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:
